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

[2014] FamCA 115

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & HAMNETT [2014] FamCA 115

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Children’s names to be placed on the Family Law Watch List – Matter adjourned

Family Law (Child Abduction Convention) Regulations 1986

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

RESPONDENT: Ms Hamnett

FILE NUMBER: BRC 1749 of 2014

DATE DELIVERED: 7 March 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 7 March 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

FOR THE RESPONDENT: No appearance

Orders

IT IS ORDERED UNTIL FURTHER ORDER

1. That the Commissioner of the Australian Federal Police place the names of the Respondent mother MS HAMNETT born …  and the said children J and T on the Family Law Watch List at all international departure points in Australia.

2. That 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.

3. That the Applicant be at liberty to forthwith notify the Australian Federal Police of these orders.

4. That as soon as practicable the Applicant cause a copy of these orders to be served on the Australian Federal Police.

5. That the application be set down for further mention on 17 March 2014 at 9 a.m.

6. That 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 & Hamnett 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 1749 of 2014

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

Applicant

And

Ms Hamnett

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Application in Form 4, filed on 25 February 2014, the Director-General, Department of Communities, Child Safety and Disability Services, in his capacity as the central authority pursuant to the Family Law (Child Abduction Convention) Regulations 1986, applies for orders with respect to the children, J, born in June 2002, and T, born in December 2003.

2. The final orders sought in the application are that the father have access with both children on certain terms.  At this stage, the application is yet to be served upon the Respondent, Ms Hamnett, who is the mother of the children.

3. Briefly stated, interim orders are sought which would place the names of the respondent mother and the children on the Family Law All Ports Watch System and allow the Applicant to notify the Australian Federal Police of these orders. 

4. It is also proposed that there be an order that, apart from the Applicant being obliged to cause a copy of the orders proposed to be made to be served upon the Australian Federal Police, that there be a further mention of this matter in about three weeks and that there be liberty to apply.

5. I am satisfied on the contents of the Form 4 Application that there is at least a prima facie basis for orders to be made and, with the liberty to apply provision, it adequately protects the Respondent mother should she wish to be heard on the orders, between now and the resumed mention date on 17 March 2014. 

6. For those reasons, I make orders in terms of the draft now initialled by me and placed with the file, including the insertion in paragraph 5 of those orders of the time of 9:00 am on 17 March 2014.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 7 March 2014.

Associate: 

Date:  10 March 2014