Department of Community Services and Levine

[2008] FamCA 739

FAMILY COURT OF AUSTRALIA

DEPARTMENT OF COMMUNITY SERVICES & LEVINE [2008] FamCA 739

FAMILY LAW – CHILD ABDUCTION - Hague Convention

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

APPLICANT: Director-General Department of Community Services

RESPONDENT: Ms Levine

FILE NUMBER: SYF 4581 of 2004

DATE DELIVERED: 27 August 2008

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Justice Fowler

HEARING DATE: 27 August 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Christie

RESPONDENT: No appearance

Orders

1. The warrant issued on 5 September 2007 is discharged.

2. The return order made on 8 November 2006 is discharged.

IT IS NOTED that publication of this judgment under the pseudonym Department of Community Services and Levine is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 4581  of 2004

Director-General Department of Community Services

Applicant

And

Ms Levine

Respondent

REASONS FOR JUDGMENT

1. Before the Court is an application for discharge of a return order and a warrant issued pursuant to the Child Abduction Convention Regulations.

2. The evidence before the Court suggests that the mother may have departed from Australia and whilst it is far from the most satisfactory form of evidence I am convinced to make the orders sought at this time.

3. I note that the child has been removed from the child’s habitual place of residence for now a period of six years and has respectively apparently resided in Norway and Australia.

4. There seems little point in maintaining a continuation of the orders and warrant in circumstances where no knowledge is presently to hand as to the whereabouts of the child except that it appears probable that the child has left Australia and returned to Norway.

5. In the circumstances the warrant issued on 5 December 2007 is discharged and the return order made on 8 January 2006 is likewise discharged.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Fowler.

Associate: 

Date:  27 August 2008