DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & CANNING

[2012] FamCA 852

FAMILY COURT OF AUSTRALIA

DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & CANNING [2012] FamCA 852

FAMILY LAW – CHILDREN – Hague Convention – Where the parties have agreed to the subject children remaining in Australia - Where the parties have agreed to a regime of contact to occur between the requesting applicant and the children

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

RESPONDENT: Ms Canning

FILE NUMBER: BRC 7333 of 2012

DATE DELIVERED: 9 October 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 9 October 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

SOLICITOR FOR THE RESPONDENT: Family Legal

Orders

1. Paragraphs 1, 2, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of the Orders made by the Honourable Justice Kent on 28 August 2012 be discharged.

1. The subject children, J, born…, and R, born …2004 (“the children”), and the Respondent Mother, Ms Canning, born 10 January 1975, be removed from the All Ports Watch Alert System at all international departure points in the Commonwealth of Australia.

1. An officer of Court Services, Department of Communities, Child Safety and Disability Services, be at liberty to release the passports of the children and the Respondent Mother to the Respondent Mother or such person as may be nominated by her in writing.

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

1. The children continue to reside in the care of the Respondent Mother in Australia.

1. The children travel to New Zealand to have contact with the Father, Mr T, born …1980, on the following basis:

(a)       In January 2013 between 18 January 2013 and 22 January 2013 inclusive. The children are to be dropped off and collected from the maternal grandparents’ house in Christchurch, New Zealand;

(b)       From March 2013 on three (3) occasions each year, namely:

(i)For three (3) weeks in each Australia summer school term holiday period, commencing no later than 28 December; and

(ii)For one (1) week in the Australian Easter school holiday period and for one (1) further week in the September Australian school holiday period.

1. From March 2013, the Father pay for the travel costs of the children travelling between Australia and New Zealand via direct flights from the South Island to Queensland with Air New Zealand in lieu of child support payments. Such flights are to be booked two (2) months ahead of the date of travel and the details of the flights are to be provided to the Respondent Mother.

1. The Father is to pay child support in relation to the said children up until 31 March 2013.

1. The details of paragraphs 7 and 8 of these Orders are to be settled by the Respondent Mother and the Father by way of a binding child support agreement drafted on behalf of the parties in accordance with the Australian provisions of the Family Law Act 1975 (Cth) and the Child Support (Assessment) Act 1989 (Cth).

1. The Father speak to the children once per week by telephone or Skype, such calls to be initiated by the Father.

1. In the event that the Father travels to Australia, the Father spend time with the children as agreed between the Respondent Mother and the Father.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Director-General, Department of Communities, Child Safety and Disability Services & Canning 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 7333 of 2012

Department of Communities, Child Safety and Disability Services

Applicant

And

Ms Canning

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By application filed in Form 2 on 16 August 2012, the Director-General, Department of Communities, Child Safety and Disability Services, in her capacity as the State Central Authority under the Family Law (Child Abduction Convention) Regulations 1986 (Cth) (“the Regulations”) applied for final Orders that J, born …2002, and, R born …2004, be returned to the country of New Zealand.

2. The Regulations, which are made under ss 11B and 111D of the Family Law Act 1975 (Cth) (“the Act”), give effect to the Convention on the Civil Aspects of International Child Abduction (“the Convention”), which is set out in Schedule 1 to the Regulations.

3. The person who made the request within the meaning of reg 2 of the Regulations is the children’s father, Mr T, born …1980.

4. On 28 August 2012, I made a number of interim Orders in the proceedings, including injunctions and the listing of the proceedings for a trial today. In the event, the parties have reached agreement on the Orders the Court should make on this occasion. I note that, pursuant to reg 13(4) of the Regulations, the actions permitted to be made by the Applicant include seeking an amicable resolution of the differences in relation to the removal or retention of the child or children between the person making the request for the child or children’s return and the person opposing their return.

5. In the result, the Applicant has been able to negotiate such an amicable resolution as is reflected in the proposed consent Orders provided to me. I am satisfied in the circumstances that Orders should be made in the terms of the consent Orders that have been provided, which are now initialled by me and placed with the file.

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

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 9 October 2012.

Associate:

Date:  9 October 2012