Department of Communities, Child Safety and Disability Services and Watkin

[2017] FamCA 45

FAMILY COURT OF AUSTRALIA

DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & WATKIN [2017] FamCA 45

FAMILY LAW – CHILD ABDUCTION - Child brought to Australia

Family Law (Child Abduction Convention) Regulations 1986 (Cth)
Family Law Act 1975 (Cth)

APPLICANT: Director-General, Department of Communities, Child Safety and Disability Services

RESPONDENT: Mr Watkin

FILE NUMBER: BRC 543 of 2017

DATE DELIVERED: 31 January 2017

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Hogan J

HEARING DATE: 31 January 2017

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Fitzgibbon, McInnes Wilson Lawyers

RESPONDENT: No appearance

Orders

IT IS ORDERED THAT

1. The Applicant effect personal service of this Order by no later than 4.00 pm on Friday, 3 February 2017.

IT IS ORDERED UNTIL FURTHER ORDER THAT

1. The Respondent Father, Mr Watkin, born … 1986, (the Respondent) be restrained and an injunction issue, restraining him or any other person from removing, or attempting to remove the child, B, a female, born … 2014, (the child) from the Commonwealth of Australia.

2. The Respondent Father be restrained and an injunction issue, restraining him from changing the child’s usual day to day residence from the premises where he and the child are currently residing, namely, C Street, A Town in the State of Queensland.

3. 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 this Order.

4. The Commissioner of the Australian Federal Police place the names of the Respondent father, Mr Watkin, born … 1986 and the child, B, a female, born … 2014 on the Family Law Watchlist at all international departure points in Australia for a period of two (2) years.

5. Upon personal service of this Order on the Respondent, he  forthwith surrender to an officer of the Department of Communities, Child Safety and Disability Services all current passports relating to himself and the child.

6. The Applicant has liberty to forthwith notify the Australian Federal Police of this Order.

7. As soon as practicable, the Applicant cause a copy of this Order to be served on the Australian Federal Police.

8. The parties have liberty to apply by directing correspondence to … to the attention of the case manager.

AND IT IS FURTHER ORDERED THAT

1. The Application in Form 2 is listed for hearing before Justice Carew at 10.00 am on Thursday, 9 March 2017.

AND IT IS DIRECTED THAT

1. The Respondent Father file and serve a Notice of Address for Service by no later than 4.00 pm on 10 February 2017.

2. The Respondent Father file and serve a Form 2A Answer and Cross-Application by no later than 4.00 pm on 17 February 2017.

3. The Respondent Father file and serve any affidavits of evidence in chief to be relied upon at the hearing by no later than 4.00 pm on 24 February 2017.

4. The Applicant file and serve any further affidavit material intended to be relied upon at the hearing by no later than 4.00 pm on 6 March 2017.

5. In the event any party requires any of the following at the trial of this matter:

   (a)       an interpreter; or

   (b)       audio or visual equipment, including for the playing of any video or audio recordings; or

   (c)       Cisco Jabber video equipment;  or

   (d)       a hearing loop,

   they are to notify the Case Co-ordinator for the matter in writing as soon as possible and no later than fourteen (14) days prior to the commencement of the final hearing.

6. In the event that either party seeks to cross-examine any witnesses relied upon by the other party then that party shall notify the other party of that intention by 4.00 pm on 3 March 2017.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 543 of 2017

Director-General, Department of Communities, Child Safety and Disability Services 

Applicant

And

Mr Watkin

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. I am satisfied that it is appropriate to make orders by way of interim Order in terms of the Minute of Order provided by the Applicant, as amended by me during discussions with Ms Fitzgibbon.

2. In addition, I make an order that the Applicant effect personal service of the Order (by no later than 4.00 pm on Friday, 3 February 2017) upon the Respondent.

3. I also record that, given the existence of the liberty to apply clause, each party will have the opportunity to move the Court in the event that there are any difficulties following service of the Order upon the Respondent.

4. Whilst I acknowledge the time frame between the first return date and the date listed for hearing (namely, 9 March 2017 before Carew J) is a relatively tight time frame, I have taken into account two things. 

5. The first thing is the date from which the child has been in Australia - being a date in June 2016;  and, secondly, the obligations cast upon this Court by the Regulations to attempt to cause Applications such as this to be, at least, the subject of hearing within six weeks from the date of the filing of the Application. 

6. For those reasons, I have determined it appropriate, even in the absence of the Respondent (who I accept, from the contents of Exhibit 1, was served with the documents on 24 January 2017) that it is appropriate to make those Orders.

7. For those very short reasons delivered orally, I make orders in terms of the Minute, as I have said, amended by me.  The Orders will issue.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Hogan delivered on 31 January 2017.

Associate:                 

Date:    2 February 2017