Department of Communities, Child Safety and Disability Services and Wilson

[2012] FamCA 340

FAMILY COURT OF AUSTRALIA

DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & WILSON [2012] FamCA 340

FAMILY LAW – CHILD ABDUCTION - HAGUE CONVENTION - Where the Central Authority has been unable to locate the Respondent paternal grandmother to serve the application - Where the Central Authority submits that a location Order should be issued to aid the discovery of the paternal grandmother's location - Where the Court is satisfied that the entities named in the location Order may have information about the whereabouts of the paternal grandmother and/or the subject child

APPLICANT: Department of Communities, Child Safety and Disability Services

RESPONDENT: Ms Wilson

FILE NUMBER: BRC 3510 of 2012

DATE DELIVERED: 11 May 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 11 May 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

Orders

1. Until further order, the Respondent paternal grandmother, Ms Wilson, born … July 1969, be restrained and an injunction issue, restraining her and any other person from removing, or attempting to remove, the said child, K, born … April 2011, from the Commonwealth of Australia.

2. The Marshall 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.

3. Until further order, the Commissioner of the Australian Federal Police place the names of the Respondent paternal grandmother, Ms Wilson, born … July 1969, and the said child, K, born … April 2011, on the All Ports Watch Alert System at all international departure points in Australia.

4. The Applicant be at liberty to forthwith notify the Australian Federal Police of these orders.

5. As soon as practicable, the Applicant cause a copy of these orders to be served on the Australian Federal Police.

6. Pursuant to s 67M of the Family Law Act 1975, the Manager of B Real Estate, … D Street, Suburb N, QLD 4509, provide the Registrar of the Family Court of Australia at Brisbane (‘the Registrar’) such information that is contained in the records of B Real Estate, has or may obtain in relation to the address or whereabouts of:

   (a)       The Respondent paternal grandmother, Ms Wilson, born … July 1969 in New Zealand;

   (b)       The said child, K, born … April 2011 in New Zealand;

7. The General Manager of B Real Estate not be required to search the records of B Real Estate more than once every month during the currency of the order which shall be one year from the date hereof.

8. Pursuant to s 67M of the Family Law Act 1975, the Director-General, Department of Transport and Main Roads, Queensland (‘Department of Transport’) provide the Registrar of the Family Court of Australia at Brisbane (‘the Registrar’) such information that is contained in the records of the Department of Transport, has or may obtain in relation to the address or whereabouts of:

   (a)       The Respondent paternal grandmother, Ms Wilson, born … July 1969 in New Zealand;

   (b)       The said child, K, born … April 2011 in New Zealand;

9. That the Director-General, Department of Transport, not be required to search the records of Department of Transport more than once every month during the currency of the order which shall be one year from the date hereof.

10. Pursuant to s 67M of the Family Law Act 1975, the Manager of the Residential Tenancies Authority (‘RTA’) provide the Registrar of the Family Court of Australia at Brisbane (‘the Registrar’) such information that is contained in the records of the RTA, has or may obtain in relation to the address or whereabouts of:

    (a)       The Respondent paternal grandmother, Ms Wilson, born … July 1969 in New Zealand;

    (b)       The said child, K, born … April 2011 in New Zealand;

11. The Manager of RTA not be required to search the records of RTA more than once every month during the currency of the order which shall be one year from the date hereof.

12. Pursuant to s 67M of the Family Law Act 1975, the Chief Executive Officer of Telstra Corporation (‘Telstra’) provide the Registrar of the Family Court of Australia at Brisbane (‘the Registrar’) such information that is contained in the records of Telstra, has or may obtain in relation to the address or whereabouts of:

    (a)       The Respondent paternal grandmother, Ms Wilson, born … July 1969 in New Zealand;

    (b)       The said child, K, born … April 2011 in New Zealand;

13. The Manager of Telstra not be required to search the records of Telstra more than once every month during the currency of the order which shall be one year from the date hereof.

14. Pursuant to s 67M of the Family Law Act 1975, the Managing Director, S Child Care Centre provide the Registrar of the Family Court of Australia at Brisbane (‘the Registrar’) such information that is contained in the records of the S Child Care Centre, has or may obtain in relation to the address or whereabouts of:

    (a)       The Respondent paternal grandmother, Ms Wilson, born … July 1969 in New Zealand;

    (b)       The said child, K, born … April 2011 in New Zealand;

15. The Manager of S Child Care Centre not be required to search the records of S Child Care Centre more than once every month during the currency of the order which shall be one year from the date hereof.

16. Pursuant to s 67M of the Family Law Act 1975, the Director General, New South Wales Department of Transport, Main Roads and Maritime Services (‘NSW Dept of Transport’) provide the Registrar of the Family Court of Australia at Brisbane (‘the Registrar’) such information that is contained in the records of the NSW Dept of Transport, has or may obtain in relation to the address or whereabouts of:

    (a)       The Respondent paternal grandmother, Ms Wilson, born … July 1969 in New Zealand;

    (b)       The said child, K, born … April 2011 in New Zealand;

17. The Manager of NSW Dept of Transport not be required to search the records of NSW Dept of Transport more than once every month during the currency of the order which shall be one year from the date hereof.

18. Pursuant to s 67M of the Family Law Act 1975, the Director General, New South Wales Department of Fair Trading (‘NSW Fair Trading’) provide the Registrar of the Family Court of Australia at Brisbane (‘the Registrar’) such information that is contained in the records of the NSW Dept of Fair Trading, has or may obtain in relation to the address or whereabouts of:

    (a)       The Respondent paternal grandmother, Ms Wilson, born … July 1969 in New Zealand;

    (b)       The said child, K, born … April 2011 in New Zealand;

19. The Manager of NSW Fair Trading not be required to search the records of NSW Fair Trading more than once every month during the currency of the order which shall be one year from the date hereof.

20. Leave be granted to the Registrar to disclose the information provided to the Registrar by:-

    (a)       B Real Estate pursuant to paragraph 1 above,

    (b)       Department of Transport pursuant to paragraph 3 above;

    (c)       Residential Tenancies Authority pursuant to paragraph 5 above;

    (d)       Telstra Corporation pursuant to paragraph 7 above;

    (e)       S Child Care Centre pursuant to paragraph 9 above;

    (f)       New South Wales Department of Transport pursuant to paragraph 11 above; and

    (g)       New South Wales Department of Fair Trading pursuant to paragraph 13 above.

21. to the solicitor for the Applicant, and to a process server engaged by the Applicant, and to the employees of the Commonwealth Central Authority and all State and Territorial Central Authorities.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Department of Communities, Child Safety and Disability Services & Wilson 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 3510 of 2012

Department of Communities, Child Safety and Disability Services

Applicant

And

Ms Wilson

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Form 2 Application filed on 20 April 2012, the Director-General, Department of Communities, Child Safety and Disabilities Services, in her capacity as the State Central Authority, sought a return Order with respect to the child, K, born in April 2011.

2. At this point, the application has not been able to be served upon the Respondent, who I understand to be the paternal grandmother of the child.

3. There was no appearance by the Respondent on this morning’s application. I gave leave to the Applicant to file and rely upon an Application in a Case seeking an Information Order, and the affidavit of Mr F filed in support of that application. I am satisfied on the evidence provided by Mr F, and by reason of the prima facie case established in the Form 2 application referred to, that it is appropriate that Orders be made in terms of the draft Orders handed up to me, save for the deletion of paragraphs 2 and 5 of that draft, but otherwise in accordance with its terms now initialled by me and placed with the file.

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 11 May 2012.

Associate: 

Date:  11 May 2012