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

[2014] FamCA 260

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & HAMNETT (NO. 2) [2014] FamCA 260

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

Family Law (Child Abduction Convention) Regulations 1986 (Cth)
APPLICANT:	Director-General, Department of Communities, Child Safety and Disability Services

RESPONDENT: Ms Hamnett

FILE NUMBER: BRC 1749 of 2014

DATE DELIVERED: 11 April 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 11 April 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

FOR THE RESPONDENT: In person

Orders

It is ordered by consent until further order

1. That the Respondent Mother MS HAMNETT born … be restrained and an injunction issue, restraining her from changing the said children’s usual day to day residence from the premises where she and the said children are currently residing namely, at an address known to the Court or such other address as is notified in advance in writing to the Applicant.

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 Commissioner of the Australian Federal Police place the names of the Respondent Mother MS HAMNETT born … and the said children J born … June 2002 and T born … December 2003 on the Family Law Watch List at all international departure points in Australia.

4. That the Respondent Mother MS HAMNETT born … surrender forthwith to an officer of the Department of Communities, Child Safety and Disability Services or their nominee all current passports relating to the children, J born … June 2002 and T born … December 2003.

5. That the Applicant be at liberty to forthwith notify the Australian Federal Police of these Orders.

It is further ordered that

1. The Application be set down for further mention on 1 May 2014 at 9.30 am.

2. 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 (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: 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. This application in Form 4 was first returnable before me on 7 March 2014. On that occasion the Respondent Mother was yet to be served with the application and in those circumstances a number of interim orders were made.

2. This morning the Respondent Mother appears in answer to the application, although she has yet to have the opportunity to obtain legal advice, and had sought the services of the duty lawyer in the precincts of the Court, but has not yet seen the duty lawyer when the application came on for hearing.

3. At this stage what is sought are a series of interim orders with the matter to be further mentioned at 9.30 am on 1 May 2014. The Respondent Mother expresses that she understands the interim orders that are sought, and that she is prepared to consent to those orders which I note include a provision for there being liberty to the parties to apply, in the event that there is a need for that, prior to the mention on 1 May.

4. I will therefore make orders in terms of paragraphs 1 to 5 and 10 of the draft, and insert in paragraph 9 that the application be adjourned for mention to 9.30 am on 1 May 2014.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 11 April 2014.

Associate: 

Date: 17 April 2014