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

[2014] FamCA 317

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & KEHAKEHA [2014] FamCA 317

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Interim Orders – Where the Applicant has been unable to serve the Respondent – Where the Applicant seeks a location order to locate the Respondent for the purpose of service Family Law (Child Abduction Convention) Regulations 1986
APPLICANT:	Director-General, Department of Communities, Child Safety and Disability Services

RESPONDENT: Ms Kehakeha

FILE NUMBER: BRC 3106 of 2014

DATE DELIVERED: 15 May 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 15 May 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

FOR THE RESPONDENT: No appearance

Orders

it is ordered that

1. Pursuant to s 67M of the Family Law Act 1975 (Cth), the Director-General, Department of Education, Training and Employment (“the Department”) provide the Registrar of the Family Court of Australia at Brisbane (“the Registrar”) such information that is contained in the records of the Department in relation to the whereabouts of:

   (a)the Respondent Mother Ms Kehakeha born …  in City B, New Zealand;

   (b)the said child, C born … 1999 in City B, New Zealand. 

2. The Director-General of the Department not be required to search the records of the Department more than once every month during the currency of the Order which shall be one year from the date hereof.

3. Pursuant to s 67P(1)(d) of the Family Law Act 1975 (Cth), leave be granted to the Registrar to disclose the information provided to the Registrar by the Director-General of the Department pursuant to Order 1, to the solicitor for the Applicant, and to a process server engaged by the Applicant, and to the employees of the Commonwealth Central Authority and all State and Territorial Central Authorities.

4. There be liberty to apply.

5. The further hearing of the Application be adjourned to 9:30 am on 6 June 2014.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Director-General, Department of Communities, Child Safety and Disability Services & Kehakeha 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 3106 of 2014

DIRECTOR GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES

Applicant

And

Ms Kehakeha

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Application in Form 4 filed on 3 April 2014, the Director-General, Department of Communities, Child Safety and Disability Services in the capacity of State Central Authority under the Family Law (Child Abduction Convention) Regulations 1986 (“the Regulations”), applies for final orders with respect to access to the child, C born in 1999, who is currently 14 years of age. The requesting applicant under the Convention is the child’s father, Mr D (“the Father”), a New Zealand national. The respondent to the application is Ms Kehakeha (“the Mother”), a New Zealand national, thought to have been residing in the Gold Coast region.

2. The Father has rights of access in respect of the child pursuant to orders of the Family Court at City B, New Zealand, made on 16 May 2011. 

3. The final orders sought in the application are for the Father to have access to the child on certain terms. 

4. At this stage, the application is yet to be served upon the Mother, and by an application in a case filed 13 May 2014, the Central Authority seeks, pursuant to section 67M of the Act, a location order in an effort to locate the Respondent Mother for the purpose of service.

5. I am satisfied on the affidavit of Ms M filed 13 May 2014 of the attempts that have been made to effect service upon the Respondent Mother.

6. I am also satisfied on the evidence that the subject Department is aware of the application and has no wish to be heard in respect of the application but does not oppose the orders that are sought. 

7. On that basis, I am satisfied that all necessary times in respect of the application ought be abridged and that orders ought be made in terms of the draft order submitted on behalf of the Applicant this morning.  I note in passing, in circumstances where the Respondent Mother does not appear and is not heard on the order, that there is a liberty to apply provision in the order. 

8. I therefore make orders in terms of the draft now initialled by me and placed with the file. 

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 15 May 2014.

Associate: 

Date:  16 May 2014