Department of Communities, Child Safety and Disability Services and Tukino

[2013] FamCA 193

FAMILY COURT OF AUSTRALIA

DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & TUKINO [2013] FamCA 193

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where the Respondent Mother consents to the return of the child to New Zealand – Where the Court is satisfied that the elements required for the making of a return order are established

Family Law (Child Abduction Convention) Regulations 1986 (Cth)

APPLICANT: Department of Communities, Child Safety and Disability Services

RESPONDENT: Ms Tukino

FILE NUMBER: BRC 1931 of 2013

DATE DELIVERED: 25 March 2013

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 25 March 2013

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

FOR THE RESPONDENT: In person

Orders

IT IS ORDERED THAT

1. The female child, B born … July 2009 and the male child, C born … July 2011, be returned to New Zealand and for the purposes of giving effect to this order:

   (a)That the said children leave the Commonwealth of Australia on or before 29 April 2013;

   (b)That pending the said children, B born … July 2009 and C born … July 2011, returning to New Zealand, the respondent mother, Ms Tukino, born … 1977, be restrained and an injunction is hereby issued, restraining her from removing or attempting to remove the said children from the Commonwealth of Australia;

   (c)That pending the return of the said children, B born … July 2009 and C born …July 2011 to New Zealand, the respondent mother, Ms Tukino born …  1977, be restrained and an injunction is hereby issued, restraining her from changing the residence of the said children, B born … July 2009 and C born … July 2011, from the premises where Ms Tukino and the said children are currently residing namely, S Street, M; suburb

   (d)That until further order, the respondent mother Ms Tukino born … 1977 surrender forthwith to the an officer of the Department of Communities, Child Safety and Disability Services or their nominee all current passports relating to herself and the said children, B born … July 2009 and C born … July 2011.

   (e)That subject to sub-paragraph (f) below, the Commissioner of the Australian Federal Police and all Federal Agents of the Australian Federal Police place and retain the names of the respondent mother, Ms Tukino born …1977 and the said children B born … July 2009 and C born …July 2011, on the All Ports Watch Alert System at all international departure points in Australia;

   (f)That the said children B born … July 2000 and C born … July 2011, and the respondent mother, Ms Tukino be removed from the All Ports Watch Alert System by officers/agents of the Australian Federal Police upon receipt of a letter from an officer of the Court Services, Department of Communities, Child Safety & Disability advising of the travel arrangements made for the said child to return to New Zealand, from 12:00 am on the date nominated for the said travel in the letter;

   (g)That 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;

   (h)That to facilitate the return of the said children, B born … July 2000 and C born … July 2011 to New Zealand, an officer of the Court Services, Department of Communities, Child Safety & Disability shall be at liberty, to release all current passports relating to the children for the purposes of the said children's return to New Zealand; and release the respondent mother’s passport to her or her nominee upon request.

   (i)That the respondent mother, Ms Tukino born … 1977,  pay all the necessary expenses associated with returning the children to New Zealand, including the cost of airfares and departure taxes (if any) for the children to travel from Brisbane Airport to New Zealand, and in the event the Respondent mother fails or refuses to pay these expenses; the respondent mother pay to the applicant the necessary expenses incurred by or on behalf of the applicant and Mr D, in returning the children to New Zealand, within two business days of the applicant making a written demand for reimbursement of the said expenses.

   (j)That liberty to apply be granted to the applicant to seek any further orders necessary to allow him to make such arrangements as are necessary to facilitate and ensure the return of the child in accordance with this order.

2. All other Applications be dismissed.

3. There be liberty to apply

IT IS NOTED that publication of this judgment by this Court under the pseudonym Department of Communities, Child Safety and Disability Services & Tukino 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 1913 of 2013

Department of Communities, Child Safety and Disability Services

Applicant

And

Ms Tukino

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Application in Form 2, filed on 18 March 2013, the Director-General, Department of Communities, Child Safety and Disability Services, in the capacity of Central Authority, sought final orders under the Family Law (Child Abduction Convention) Regulations 1986 for the return of two children, B born in  July 2009 and C born in July 2011, to the country of New Zealand.

2. The Respondent Mother to the Application appeared today on the first return date of the Application.  She consents to the making of orders that would see the children returned to New Zealand and by arrangement with the Applicant the return date has been agreed as on or before 29 April 2013. 

3. I am satisfied on the material in support of the Application, which is not contested by the Respondent Mother in the result, that the Applicant establishes each of the matters that are required to be established under the Regulations for the making of a return order.  I note that the material in support of the Application includes expert evidence in relation to the law of New Zealand. 

4. In those circumstances, I therefore make orders in terms of the orders expressed as being by consent, which have been signed by the parties and which are now initialled by me and placed with the file. 

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 25 March 2013.

Associate: 

Date:  25 March 2013