Department of Communities, Child Safety and Disability Services and O’Shanahan

[2012] FamCA 718

FAMILY COURT OF AUSTRALIA

DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & O’SHANAHAN [2012] FamCA 718

FAMILY LAW – CHILDREN – HAGUE - Where the Respondent Mother and the child's location is unknown - Where the Applicant State Central Authority has requested a location Order be issued

Family Law Act 1975 (Cth)

APPLICANT: Department of Communities, Child Safety and Disability Services

RESPONDENT: Ms O’Shananhan

FILE NUMBER: BRC 7423 of 2012

DATE DELIVERED: 24 August 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 24 August 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

Orders

1. That, pursuant to s67M of the Family Law Act 1975, the Director General of the Department of Transport and Main Roads (‘the Agency’) provide to the Registrar of the Family Court of Australia at Brisbane such information that is contained in the records of the Agency or that the Agency may obtain in relation to:-

(a)       The whereabouts of:-

(i)the Respondent mother Ms O’Shanahan (also known as …) born … 1985 in Ireland; and

(ii)the said child, Z born on … November 2006 in Ireland;

(iii)Any bank account (including branch and account number) that any payments to the Agency by the Respondent mother and the said child may be made;

(iv)Any drivers licence number of a licence in the name of the Respondent mother;

(b)       and that the Director General of the Department of Transport and Main Road not be required to search the records of the Agency more than once every month during the currency of this order which shall be for one year from the date hereof.

1. That, pursuant to s 67N of the Family Law Act 1975, the Secretary or General Manager of Medicare Australia (‘Medicare’) provide the Registrar of the Family Court of Australia at Brisbane (‘the Registrar’) such information that is contained in the records of Medicare or that Medicare may obtain in relation to the:-

   (a)       whereabouts of:

   (i)The respondent mother Ms O’Shanahan (also known as …) born … 1985 in …, Ireland;

   (ii)The said child, Z born … November 2006 in …, Ireland;

   (iii)Any bank account (including branch and account number) that any payments to the Agency by the Respondent mother and the said child may be made;

   (iv)Any drivers licence number of a licence in the name of the respondent mother; and

   (v)Any passport number of any passport in the names of the respondent mother and the child, Z and the country issuing the passports.

   (b)       That the Secretary or General Manager of Medicare not be required to search the records of Medicare more than once every three months during the currency of the order which shall be one year from the date hereof.

   (c)       That leave be granted to the Registrar to disclose the information provided to the Registrar by the General Manager or Secretary of Medicare pursuant to order number above, and the information provided by the General Manager of Centrelink pursuant to order number above, to the solicitor for the applicant, and to a process server engaged by the applicant, and to any person named in the warrant issued pursuant to order number above and to the employees of the Commonwealth Central Authority and all State and Territorial Central Authorities.

1. That, pursuant to s67M of the Family Law Act 1975, the General Manager of the Department of Education Training and Employment (‘the Agency’) provide to the Registrar of the Family Court of Australia at Brisbane such information that is contained in the records of the Agency or that the Agency may obtain in relation to:

   (a)       The whereabouts of:-

   (i)the Respondent mother  Ms O’Shanahan (also known as …) born … 1985 in Ireland; and

   (ii)the said child, Z born on … November 2006 in Ireland;

   (iii)Any bank account (including branch and account number) that any payments to the Agency by the Respondent mother and the said child may be made;

   (iv)Any drivers licence number of a licence in the name of the Respondent mother; and

   (v)Any passport number of any passport in the names of the Respondent mother and the chid, Z and the country issuing the passports.

   (b)       That the General Manager of the Department of Education Training and Employment not be required to search the records of the Agency more than once every month during the currency of this order which shall be for one year from the date hereof.

2. That, pursuant to s67M of the Family Law Act 1975, the General Manager of the Residential Tenancies Authority (‘the Agency’) provide to the Registrar of the Family Court of Australia at Brisbane such information that is contained in the records of the Agency or that the Agency may obtain in relation to:-

   (a)       The whereabouts of:-

   (i)The Respondent mother Ms O’Shanahan (also known as …) born … 1985 in Ireland; and

   (ii)The said child, Z born on … November 2006 in Ireland;

   (iii)Any bank account (including branch and account number) that any payments to the Agency by the Respondent mother and the said child may be made;

   (iv)Any drivers licence number of a licence in the name of the Respondent mother; and

   (v)Any passport number of any passport in the names of the Respondent mother and the chid, Z and the country issuing the passports.

   (b)       That the General Manager of the Residential Tenancies Authority not be required to search the records of the Agency more than once every month during the currency of this order which shall be for one year from the date hereof.

3. That, pursuant to s67M of the Family Law Act 1975, the General Manager of the Department of Queensland Health (‘the Agency’) provide to the Registrar of the Family Court of Australia at Brisbane such information that is contained in the records of the Agency or that the Agency may obtain in relation to:-

   (a)       The whereabouts of:-

   (i)the Respondent mother Ms O’Shanahan (also known as …) born … 1985 in Ireland; and

   (ii)the said child, Z born on … November 2006 in Ireland;

   (iii)Any bank account (including branch and account number) that any payments to the Agency by the Respondent mother and the said child may be made;

   (iv)Any drivers licence number of a licence in the name of the Respondent mother; and

   (v)Any passport number of any passport in the names of the Respondent mother and the chid, Z and the country issuing the passports.

   (b)       That the General Manager of the Department of Queensland Health not be required to search the records of the Agency more than once every month during the currency of this order which shall be for one year from the date hereof.

4. That leave be granted to the Registry Manager to disclose the information provided to the Registry Manager by the General Manager or Secretary of the commission pursuant to orders 1-5 above, to the Solicitor for the Applicant, and to the employees of the Commonwealth Central Authority and all State and Territorial Central Authorities.

1. If information is provided to the Registry Manager pursuant to these Orders the officer required to give information to the Registry Manager must at the same time provide any information about actual or threatened violence to any child to whom the orders relate, a parent of such child or another person with whom such child lives, that is in the records. 

2. That copy of any order and this application and supporting material that is filed be served immediately upon the respondent mother as soon as practicable after the respondent mother is located.

1. The further hearing of the application be adjourned to 9:30 am on 14 September 2012.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Department of Communities, Child Safety and Disability Services & O’Shanahan 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 7423 of 2012

Department of Communities, Child Safety and Disability Services

Applicant

And

Ms O’Shanahan

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This is an application in Form 4 pursuant to the Family Law (Child Abduction Convention) Regulations 1986 (Cth), being an application initiating proceedings for access to the child, Z, born in November 2006.

2. At this point, the application is yet to be served upon the Respondent Mother, Ms O’Shanahan, also known as …, and thus the Applicant seeks, pursuant to ss 67M and 67N of the Family Law Act 1975 (Cth), location and Commonwealth Information Orders in an effort to locate the Respondent.

3. I am satisfied on the contents of the Form 4 application that a prima facie case is established by the Applicant and I am satisfied, on that basis, that the Orders ought be made.

4. I therefore make Orders as set out at the commencement of these reasons.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 24 August 2012.

Associate: 

Date:  24 August 2012