Director-General, Department of Communities, Child Safety and Disability Services and Fossett (No. 2)

[2013] FamCA 429

FAMILY COURT OF AUSTRALIA

Director-General, Department of Communities, Child Safety and Disability Services & Fossett (No. 2) [2013] FamCA 429

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where the Applicant is seeking to discontinue the Application for a return order in circumstances where the Respondent Father has already left Australia

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

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

RESPONDENT: Mr Fossett

FILE NUMBER: BRC 4232 of 2013

DATE DELIVERED: 7 June 2013

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 7 June 2013

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

FOR THE RESPONDENT: No appearance

Orders

1. That the Form 2 Application Initiating Proceedings filed 30 May 2013 seeking the return of the child, M born … December 2009, to New Zealand be discontinued. 

2. That paragraphs 1 – 8 inclusive of the Orders of the Honourable Justice Kent made 30 May 2013 be discharged forthwith.

3. That the names of the said female child, M born … December 2009, and the Respondent Father, Mr Fossett born … 1987, be removed from the All Ports Watch Alert System by officers/agents of the Australian Federal Police.

4. That all other applications be dismissed.

5. That this Application be removed from the Pending Cases List.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Director-General, Department of Communities, Child Safety and Disability Services & Fossett (No. 2) 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: BRC4232 of 2013

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

Applicant

And

Mr Fossett

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. On 30 May 2013, I made ex parte Orders on the Application of the Central Authority in this matter and otherwise made a return date to today for the further hearing of the Application. 

2. I am informed by Counsel for the Central Authority that, as it happens, the Respondent Father and the child the subject of the Application departed Australia at about the same time as the Application was before me on 30 May 2013.

3. The information that the Applicant has received is to the effect that the Respondent Father and child are returning or have returned to Dublin and on that basis Orders can now be made terminating these proceedings and the Orders I have now made give effect to that.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 7 June 2013.

Associate:   

Date:  12 June 2013