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

[2012] FamCA 938

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & LARSON [2012] FamCA 938

FAMILY LAW – CHILD ABDUCTION - Hague Convention - Where the Mother has not yet been served with the application - Where there is evidence the Mother may be a flight risk - Where the Applicant proposes Orders that the Mother be served with the application forthwith upon Orders being made for the placement of her and the subject children's names upon the All Ports Watch Alert System list

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

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

RESPONDENT: Ms Larson

FILE NUMBER: BRC 9341 of 2012

DATE DELIVERED: 26 October 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 26 October 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

Orders By Consent

1. The further hearing of this application be adjourned to 2 November 2012 at 9.30 am before the Honourable Justice Kent.

Orders by Consent until Further Order

1. The Respondent Mother, Ms Larson, born … April 1986, be restrained and an injunction hereby issue, restraining her and any other person from removing, or attempting to remove the said child, B, born …August 2003, from the Commonwealth of Australia.

1. The Respondent Mother, Ms Larson, born … April 1986, be restrained and an injunction hereby issue, restraining her from changing the said child’s usual day to day residence from the premises where she and the said child are currently residing namely, C Street, D Town in the State of Queensland.

1. 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 of the Commonwealth of Australia are required and empowered to take all necessary steps to give effect to these Orders.

1. The Commissioner of the Australian Federal Police place the names of the Respondent Mother, Ms Larson, born … April 1986, and the said child, B, born …August 2003, on the All Ports Watch Alert System at all international departure points in Australia.

1. The Respondent Mother, Ms Larson, born … April 1986, surrender forthwith to an officer of the Court Services Unit of the Department of Communities, Child Safety and Disability Services or their nominee current passports relating to herself and the said child, B, born …August 2003.

1. The Respondent Mother, Ms Larson, born … April 1986, be served with a copy of the Form 2 Application Initiating Proceedings filed 16 October 2012 and a copy of these Orders forthwith.

1. 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 & Larson 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 9341 of 2012

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

Applicant

And

Ms Larson

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. In this matter, by Form 2 Application filed 16 October 2012, the Director-General, Department of Communities, Child Safety and Disability Services applied in her capacity as the State Central Authority for the purposes of the Convention for Orders with respect to the child, B, born …August 2003.

2. The Form 2 Application and the material in support of it are yet to be served on the Respondent Mother, Ms Larson. Mr Parrott, who appears on behalf of the Applicant, has, by reference to paragraphs of the requesting father’s affidavit (that of one Mr E) filed in support of the application, explained that it would appear, at least on the face of that affidavit material, that the Respondent Mother is a potential flight risk given that the relevant parts of that affidavit depose to the Mother having removed herself and the child from New Zealand to Australia at a point where the Child Protection Department were investigating matters concerning the child and her care by the Mother in New Zealand.

3. On that basis, the Applicant contends that there is a potential flight risk if the Mother were served with the current application prior to there being interim Orders being made. I am satisfied, on the application and the material in support of it, that there is at least a prima facie case for Orders to be made and that the jurisdiction of the Court under the Family Law (Child Abduction Convention) Regulations 1986 (Cth) is enlivened.

4. I am also satisfied, in the circumstances referred to briefly in the submissions of Mr Parrott, that, given the potential flight risk of the Mother in those circumstances, it is appropriate that interim Orders be made, including the usual injunctions, and that a further hearing of this application be conducted a week from now.

5. In those circumstances and for those reasons, I make Orders in terms of the draft Orders which have been provided to me by the Applicant which I now initial and place with the file.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 26 October 2012.

Associate:

Date:  14 November 2012