Director-General, Department of Communities, Child Safety and Disability Services and Farah (No 3)

[2015] FamCA 201

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & FARAH (NO 3) [2015] FamCA 201

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Final orders – Where the Respondent father consents to an order for the return of the child to New Zealand – Where the Court is satisfied that the making of a return order is justified

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

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

RESPONDENT: Mr Farah

FILE NUMBER: BRC 1468 of 2015

DATE DELIVERED: 23 March 2015

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 23 March 2015

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

THE RESPONDENT: In person

Orders

IT IS ORDERED BY CONSENT THAT:

1. The child, B (a female) born … 2004 be returned to New Zealand; and for the purposes of giving effect to this Order that:

   (a)       the said child leave the Commonwealth of Australia on or before 11            April 2015;

   (b)       the said child arrive in New Zealand on or before 12 April 2015;

   (c)pending the said child returning to New Zealand, the Respondent Father,     Mr Farah born … 1981, continue to be restrained and an injunction is hereby issued, restraining him from removing or attempting to remove the said child from the Commonwealth of Australia;

   (d)pending the said child’s return the Respondent Father, Mr Farah born … 1981, be restrained and an injunction issue restraining him from changing the said child’s usual day to day residence from the premises where he and the said child are currently residing namely, F Street, Suburb G in the State of Queensland;

   (e)Subject to sub-paragraph (f) below, the Commissioner of the Australian      Federal Police and all Federal Agents of the Australian Federal Police           retain the names of the Respondent Father, Mr Farah (a male) born … 1981, and the child, B (a female) born .. 2004, on the Family           Law Watchlist at all international departure points in Australia;

   (f)       the child, B born … 2004, and      the Respondent Father, Mr Farah born     … 1981, be removed from the Family Law Watchlist by       officers/agents of the Australian Federal Police upon receipt of a letter       from an officer of the Department of Communities, Child Safety and            Disability Services advising of the travel arrangements made for the said    child to return to New Zealand from 12.00 am on the date nominated for           the said travel in the letter;

   (g)       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        these Orders;

   (h)       order number 1 made on 13 March 2015 pertaining to the surrender of       the said child’s and the Respondent Father’s passports be discharged;

   (i) liberty to apply be granted to the Applicant to seek any further orders necessary to allow him or officers of the Department of Communities, Child Safety and Disability Services to make such arrangements as are necessary to facilitate and ensure the return of the said child in accordance with this Order and pursuant to the Central Authority’s obligation under regulation 20 of the Family Law (Child Abduction Convention) Regulations 1986 (Cth).

2. All other applications be dismissed.

3. There be liberty to apply.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Director-General, Department of Communities, Child Safety and Disability Services & Farah 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 1468 of 2015

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

Applicant

And

Mr Farah

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Application in Form 2 filed on 19 February 2015 the Director-General, Department of Communities, Child Safety and Disability Services in his capacity as the State Central Authority under the Family Law (Child Abduction Convention) Regulations 1986 (Cth) (“the Regulations”) applies for final orders for the return of the child, B born in 2004 to New Zealand.

2. The requesting applicant under the Convention is the child’s mother, a New Zealand national.  The respondent to the application is the child’s father, Mr Farah, a New Zealand national who has been residing recently with the child in Australia.

3. On the first return date of the application on 13 March 2015, the applicant advised that the application had then only recently been served on the respondent father the previous evening.  In the result, I made interim orders on 13 March 2015 for reasons then given; primarily that the Form 2 Application established a prima facie case for a return order to be made.  On 13 March 2015 I otherwise adjourned the application to be heard again today.  In the event, the respondent father has had the opportunity today to have access to the duty lawyer.  The outcome of all of that is that the respondent father now consents to orders as proposed by the applicant involving orders for the return of the child to New Zealand on or before 12 April 2015.

4. I reiterate my satisfaction by reference to the Form 2 Application that there is a clear basis for a return order being made, and in the event the father does not oppose the Form 2 Application and indeed consents to the making of orders, I therefore make the orders that are proposed in the draft handed up to me, now initialled by me and placed with the file, noting that the respondent father has confirmed that he has voluntarily consented to those orders with the assistance of the advice he has been provided by the duty lawyer today.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 23 March 2015.

Associate: 

Date:  23 March 2015