Department of Communities (Child Safety Services) and Wilson

[2012] FamCA 170

FAMILY COURT OF AUSTRALIA

DEPARTMENT OF COMMUNITIES (CHILD SAFETY SERVICES) & WILSON [2012] FamCA 170

FAMILY LAW - CHILD ABDUCTION - Hague Convention - Where the State Central Authority has discontinued the application - Where the Respondent Mother has not indicated an intention to pursue costs

APPLICANT:  Department of Communities (Child Safety Services)

RESPONDENT: Ms Wilson

FILE NUMBER: BRC 1791 of 2012

DATE DELIVERED: 23 March 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 23 March 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

Orders

1. The Application filed by the Department of Communities (Child Safety Services) on 1 March 2012 be discontinued and removed from the pending cases list.

1. No Order be made as to costs.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Department of Communities (Child Safety 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 1791 of 2012

Department of Communities (Child Safety Services)

Applicant

And

Ms Wilson

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This application has been discontinued in circumstances where the parents have been able to reach agreement in terms of parenting arrangements. A Notice of Discontinuance of the application has been filed.

2. No indication has been made by the Respondent to the effect that she would agitate any question of costs, and of course in the context of this type of application, there are limited circumstances in which a party can secure an Order for costs.

3. In those circumstances, I order that the case be removed from the pending cases list and to remove any doubt, I order that there be no Order as to costs.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 23 March 2012.

Associate: 

Date:  23 March 2012