Department of Communities, Child Safety and Disability Services and Lasko

[2012] FamCA 544

FAMILY COURT OF AUSTRALIA

DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & LASKO [2012] FamCA 544

FAMILY LAW – CHILD ABDUCTION – HAGUE CONVENTION - Application for a return Order - Where the Respondent has not been able to be served - Where the Applicant requests an adjournment to enable service - Where the Court is satisfied that the Applicant has established a prima facie case for a return Order - Where the Applicant requests ex parte Orders be made - Where the Court is satisfied the Mother may be a flight risk

APPLICANT: Department of Communities, Child Safety and Disability Services

RESPONDENT: Ms Lasko

FILE NUMBER: BRC 5926 of 2012

DATE DELIVERED: 13 July 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 13 July 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

Orders

1. The Respondent Mother, Ms Lasko, born … April 1980, be restrained and an injunction is hereby issued, restraining her and any other person from removing, or attempting to remove, the said children C, born … September 2005, and B, born … September 2005, from the Commonwealth of Australia.

1. The Marshal of the Family Court of Australia and the Commissioner and all federal agents of the Australian Federal Police and officers of the police forces and services of the various States and Territories are required and empowered to take all necessary steps to give effect to these Orders.

1. The Commissioner of the Australian Federal Police place the names of the Respondent Mother, Ms Lasko, born … April 1980, and the said children C, born … September 2005, and B, born … September 2005, on the All Ports Watch Alert System at all international departure points in Australia.

1. The Applicant be at liberty to forthwith notify the Australian Federal Police of these Orders.

1. There be liberty to apply.

1. The further hearing of the Application for a return Order be adjourned to 9.30 am on 20 July 2012.

1. The Application in a Case file by the Applicant on 13 July 2012 be adjourned to 9.30 am on 20 July 2012.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Department of Communities, Child Safety and Disability Services & Lasko has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 5926 of 2012

Department of Communities, Child Safety and Disability Services

Applicant

And

Ms Lasko

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By reference to the Form 2 Application filed on 28 June 2012 and the material accompanying that application, I am satisfied that the Applicant establishes at least a prima facie case for a return Order to be made and on that basis, I make Orders in terms of the draft now initialled by me and placed with the file.

2. In circumstances where the Respondent Mother is yet to be served with the Application, I adjourned the Application in a Case filed 13 July 2012, being an application for and Information Order, likewise to 9.30 am on Friday 20 July 2012 to enable the Applicant to serve the relevant parties in the interim.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 13 July 2012.

Associate: 

Date:  17 July 2012