FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Baltu & Godoy [2025] FedCFamC2F 323
File number(s): MLC 6470 of 2024 Judgment of: JUDGE O'SHANNESSY Date of judgment: 3 March 2025 Catchwords: FAMILY LAW – Parenting – urgent interim hearing – where orders were made by consent in January permitting the father to take the two children to Country C until early 2025 – where the father paid a significant security payment that was held in his solicitors trust account – where the eldest child returned to Australia in early 2025 – where the father and the other child did not return to Australia – where the security payment has been paid to the mother – where it is alleged the father and the other child continue to reside in Country C – where Country C is not a Hague convention country – where the mother seeks a recovery order and an airport watchlist order in the event the father returns with the child – where the mother sought orders for the father to execute a charge on the property held in the his name to allow the mother to lodge a caveat over the property – where it is requested the father solicitors serve a copy of these orders on the father. Legislation: Evidence Act 1995 (Cth) ss 140.
Family Law Act 1975 (Cth) ss 69E, ss 111CC & s 111CD
Cases cited: Bellanger & Wemble [2023] FedCFamC2F 1246 Division: Division 2 Family Law Number of paragraphs: 32 Date of hearing: 3 March 2025 Place: Melbourne Counsel for the Applicant: Ms Agresta Solicitor for the Applicant: Barbayannis Lawyers The Respondent: No appearance ORDERS
MLC 6470 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS GODOY
Applicant
AND: MR BALTU
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
3 MARCH 2025
THE COURT ORDERS THAT:
1.Pursuant to Section 67U of the Family Law Act 1975 a Recovery Order issue authorising and directing the Marshal, all officers of the Australian Federal Police and all officers of the Police Forces of all States and Territories of the Commonwealth of Australia, with such assistance as may be required, and if necessary by force:
(a)to find and recover the child X, born in 2014 ("X") and to deliver the said child to the Applicant Mother forthwith, she being a person entitled to have the said child live with her pursuant to orders made in the Federal Circuit and Family Court of Australia on 14 November 2022; and
(b)to stop and search any vehicle, vessel or aircraft and to enter and search any premises or place in which there is at any time reasonable cause to believe that the child/ren may be found.
2.A copy of this order be emailed and faxed immediately to the AFP Operations Coordination Centre and the Department of Foreign Affairs and Trade (“DFAT”) by the Melbourne Registry of the Federal Circuit and Family Court of Australia.
3.The Respondent Father be required to provide, within 3…
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- [2025] FedCFamC2F 323
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CaseChat Overview and Summary
The court found that Mr Baltu had breached the prior orders by failing to return child X to Australia as agreed. Given the urgency and the risk of the children being removed from Australia, the court granted the mother's requests for a recovery order, an airport watchlist order, and an order compelling Mr Baltu to execute a charge on his property. The court also restrained Mr Baltu from leaving Australia and from disposing of the property until further order. The mother was authorised to lodge a caveat over the property and to request assistance from Australian and Country C authorities in enforcing the orders. The court emphasised the need for cooperation from relevant authorities in both countries to ensure the safe return of the children.
The court issued a recovery order for child X, directing law enforcement agencies to find and return the child to the mother. It also mandated an airport watchlist for both children to prevent their departure from Australia. Additionally, the court restrained Mr Baltu from removing the children from Australia, disposing of his property, or leaving the country without further order from the court. The mother was authorised to lodge a caveat over the property, and both parties were directed to cancel the children's visas in Country C. The court requested the Australian Federal Police to place the children's names on the Airport Watchlist and to maintain this until they reached 18 years of age. The court also suspended certain visitation orders pending the children's return to Australia. The costs of the application were reserved, and the parties were reminded of the family counselling services available. Further applications were adjourned for mention on 23 June 2025.
Orders
Orders of the court
MLC 6470 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS GODOY
Applicant
AND:
MR BALTU
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
3 MARCH 2025
THE COURT ORDERS THAT:
1. Pursuant to Section 67U of the Family Law Act 1975 a Recovery Order issue authorising and directing the Marshal, all officers of the Australian Federal Police and all officers of the Police Forces of all States and Territories of the Commonwealth of Australia, with such assistance as may be required, and if necessary by force:
(a) to find and recover the child X, born in 2014 ("X") and to deliver the said child to the Applicant Mother forthwith, she being a person entitled to have the said child live with her pursuant to orders made in the Federal Circuit and Family Court of Australia on 14 November 2022; and
(b) to stop and search any vehicle, vessel or aircraft and to enter and search any premises or place in which there is at any time reasonable cause to believe that the child/ren may be found.
2. A copy of this order be emailed and faxed immediately to the AFP Operations Coordination Centre and the Department of Foreign Affairs and Trade (“DFAT”) by the Melbourne Registry of the Federal Circuit and Family Court of Australia.
3. The Respondent Father be required to provide, within 3 days, the current address at which X is staying in Country C via email to the Applicant Mother's solicitors, directed to …@....
4. IT IS RESPECTFULLY REQUESTED that the Police authorities of and in Country C, the Courts of and in Country C and the Child Welfare authorities of and in Country C lend their assistance, if they or any of them can assist consistently with the law of Country C, with the enforcement of this recovery order (Order 1 herein), and the reunification of the Mother with the children pursuant to the orders made in this Court on 14 November 2022 and 3 March 2025.
5. The Applicant Mother be permitted to, and is directed to provide this application and supporting documents filed herein, and any Court Orders made in this proceeding or in prior proceedings, to DFAT and/or any Country C authority for the purposes of locating the child, X, born in 2014, in Country C, and to request the assistance of any court, authority or police force in Country C and/or the Commonwealth of Australia to enforce these orders.
6. That MR BALTU ("the Respondent Father") and his servants and agents be and are restrained from removing or attempting to remove or causing or permitting the removal of the female child Y born in 2009 ("Y") and the male child X born in 2014 from the Commonwealth of Australia.
7. That Y and X be and are hereby restrained from leaving the Commonwealth of Australia until further Order.
8. It is requested that the Australian Federal Police give effect to the preceding order by placing the names of the said children on the Airport Watchlist in force at all points of arrival and departure in the Commonwealth of Australia and maintain the children’s names on the Watchlist until each of the children reach the age of 18 years.
9. Until further order, the children live with the Applicant Mother and the operation of the following orders insofar as they relate to the children’s spend time with the Father be suspended:
(a) Paragraph 4 of the Final Parenting Orders dated 14 November 2022; and
(b) Paragraph 5 of the Final Parenting Orders dated 14 November 2022.
10. Within 14 days of X returning to the Commonwealth of Australia, the parties do all things necessary and sign all documents required to cancel Y's and X's Country C “E-VISA”.
11. Within 24 hours of the Respondent Father's return to Australia with X, or the Applicant Mother's arrival in Country C, the Respondent Father hand over X's passport to the Applicant Mother.
12. If either party refuses to sign any document required to give effect to these orders, a Registrar of the Court be appointed pursuant to Section 106A of the Act to execute all deeds and documents in the name of that party and do any act or thing necessary to give validity and operation to all such deeds and documents.
AND UNTIL FURTHER ORDER & EX PARTE:
13. Until further order the Respondent Father be restrained by injunction from leaving the Commonwealth of Australia.
14. Until further order the Respondent Father be and is restrained by injunction from disposing of, encumbering or otherwise dealing with the property at D Street, Suburb E (‘the property’).
15. Until further order the Respondent Father do all acts and things to execute a charge of all of his right, title and interest in the property known as Certificate of Title …, Folio … to permit the Applicant Wife Mother to lodge a caveat over the title of … pursuant to the Transfer of Land Act 1958.
16. The Applicant Wife Mother be authorised to immediately lodge a caveat over the property pursuant to the obligation to execute a charge of the property at D Street, Suburb E.
17. The solicitors for the Applicant serve a copy of these orders on the solicitors of the Respondent (who are still currently on file) AND IT IS REQUESTED that Joshi Lawyers serve a copy of these orders on the Respondent Husband Father by email and by text message to any known mobile phone number.
18. All costs of and incidental to this application be reserved.
19. That pursuant to s.62B of the Family Law Act, information about the family counselling services, family dispute resolution services and other courses, programs and services available, is set out in the Fact Sheet attached hereto.
20. That pursuant to s.65DA(2) of the Family Law Act, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in the Fact Sheet, attached hereto and these particulars are included in these orders.
21. There be liberty to apply on short notice to the Chambers of Judge O’Shannessy regarding any further issues arising from these orders.
22. That all outstanding applications are adjourned for mention and directions before Judicial Registrar Saidel on 23 June 2025.
AND THE COURT NOTES THAT:
A. The Respondent Father was, by order of this court and his own application, permitted to remove the children X & Y from the Commonwealth of Australia for the purpose of a holiday in Country C. The Respondent Father was required and had promised, that he would return both children on or before early 2025. The Respondent Father returned the child Y, but has detained the child X and has not returned that child to the Commonwealth of Australia.
B. If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.
C. Affected unrepresented parties may apply to the court and then to the Commonwealth Family Violence and Cross-Examination of Parties Scheme (“the Scheme”) for representation but any such application must be made at least 12 weeks prior to the final hearing.
D. Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.
E. If s102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Legal Principle Established
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