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

[2014] FamCA 1171

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & KARP (NO. 3) [2014] FamCA 1171

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where the applicant seeks to discharge the final consent orders previously made – Where the respondent consents to the final consent orders being discharged.

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

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

RESPONDENT: Ms Karp

FILE NUMBER: BRC 8128 of 2014

DATE DELIVERED: 23 December 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 23 December 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT:		Crown Law
RESPONDENT:		Self-represented appearing by telephone

Orders

it is ordered by consent that:

1. The Order dated 5 December 2014 be discharged.

1. The Commissioner of the Australian Federal Police and all Federal Agents of the

   Australian Federal Police remove the names of the Respondent Mother, Ms Karp born … 1986 and the child, V (a male) born … 2005, from the Family Law Watchlist.

1. Ms A, Department of Communities, Child Safety and Disability Services or her nominee forthwith release all current passports relating to the Respondent Mother, Ms Karp born … 1986 and the child, V, born … 2005 to the Respondent Mother or her nominee.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Director-General, Department of Communities, Child Safety and Disability Services & Karp (No. 3) 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 8128 of 2014

Director-General, Department Of Communities, Child Safety And Disability Services

Applicant

And

Ms Karp

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. On 5 December 2014 I made orders by consent for the reasons then given, including an order that the child V born in 2005 be returned to New Zealand.

2. Since the making of that order an application has been made pursuant to regulation 19A of the Regulations seeking the discharge of the return order made on 5 December 2014.

3. The application was brought by the responsible Central Authority within the meaning of regulation 19A(1) and I am satisfied on the material relied upon by the Central Authority, and by the expression of the respondent mother who appears by telephone that she consents to the return order being discharged, that all parties are consenting to the return order being discharged within the meaning of regulation 19A(2)(a).

4. For these reasons I therefore make now the orders in draft provided to me by the Central Authority and now initialled by me and placed with the file.

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 December 2014.

Associate: 

Date:  23 December 2014