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

[2014] FamCA 619

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & LOUSE [2014] FamCA 619

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where the Respondent father has consented to interim orders being made – 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:	Mr Louse
FILE NUMBER:	BRC	6511	of		2014

DATE DELIVERED: 1 August 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 1 August 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT:	Crown Law
SOLICITOR FOR THE RESPONDENT:	Ms Awyzio of DA Family Lawyers appearing as town agent

Orders

It is ordered that:

1. UNTIL FURTHER ORDER the Father Mr Louse born … 1976, be restrained and an injunction issue, restraining him and any other person from removing, or attempting to remove the said child, B born … 2006 from the Commonwealth of Australia.

1. UNTIL FURTHER ORDER the Father Mr Louse born … 1976, be restrained and an injunction issue, restraining him from changing the said child’s usual day to day residence from the premises where he and the said child are currently residing namely, C Street, D Town, 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 are required and empowered to take all necessary steps to give effect to these Orders.

1. UNTIL FURTHER ORDER the Commissioner of the Australian Federal Police place the names of the Father Mr Louse born … 1976, and the said child B (female) born … 2006, on the Family Law Watch List at all international departure points in Australia and maintain those names on that system for a period of two (2) years.

1. Upon expiration of the period referred to in Order 4 and subject to any further order of a court of competent jurisdiction the Australian Federal Police will cause the removal of the child’s name from the Family Law Watch List.

1. UNTIL FURTHER ORDER the Father Mr Louse born … 1976, surrender forthwith to an officer from the Department of Communities, Child Safety and Disability Services all current passports relating to himself and the said child, B born … 2006.

1. The Applicant be at liberty to forthwith notify the Australian Federal Police of these Orders.

It is further ordered that:

1. The Father file and serve a Notice of Address for Service by 8 August 2014.

1. The Father file and serve a Form 2A Answer and Cross Application on or before 4.00 pm on 15 August 2014.

2. The Father file and serve affidavits of evidence in chief to be relied upon at the hearing of the Application on or before 4.00 pm on 15 August 2014.

3. The Applicant file and serve any affidavits in reply on which the Applicant proposes to rely on or before 4.00 pm on 22 August 2014.

4. The proceedings be listed for hearing before the Honourable Justice Kent at 10.00 am on 29 August 2014 at the Family Court, Brisbane Registry.

5. There be liberty to apply.

NOTATION:

A.If after the expiration of the period set out in Order 4 above any parent seeks that the child’s name remain on the Watch List for a period beyond the period specified that party must file and serve an Application and an affidavit setting out the evidence which supports that application in the Family Court of Australia or the Federal Circuit Court of Australia.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Director-General, Department of Communities, Child Safety and Disability Services & Louse 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 6511 of 2014

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

Applicant

And

Mr Louse

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Application in Form 2 filed on 23 July 2014 the Director-General Department of Communities, Child Safety and Disability Services in its capacity as the state Central Authority under the Family Law (Child Abduction Convention) Regulations 1986 (Cth) (“the Regulations”) applies for final orders with respect to the child, B, born in 2006 who is currently seven years of age.

2. The requesting applicant under the Convention is the child’s mother, Ms E (“the mother”), a New Zealand national.  The respondent to the application is Mr Louse (“the father”), a New Zealand national, who is currently residing with the subject child in Region F.

3. There are orders that have been made in the New Zealand Family Court at G Town.

4. Pursuant to the Form 2 Application, in 2008 the mother sought an order, which was granted, preventing the child’s removal from New Zealand.  On 25 November 2013, the father made an application to the New Zealand Family Court at G Town seeking a discharge of the 2008 orders, but was subsequently granted permission to travel to Australia with the child.  The father left New Zealand with the child on 22 December 2013 and has not returned.  The issue is whether the permission was for a holiday only or for a long-term stay.

5. Based on the Form 2 Application, that travel occurred without the mother’s knowledge or consent due to issues surrounding service of the father’s Application upon her. 

6. I am satisfied on the contents of the Form 2 Application and the material filed in support that there is at least a prima facie case for current purposes.

7. Ms Awyzio, who appears as town agent for the solicitors for the father, advances that the issues on the hearing of the Application, at least at this stage, will concern whether or not the mother was exercising any rights of custody at the relevant time and in circumstances where it may be that the father is subject to an order for probation whether the child would be at grave risk if an order for return were made.

8. The parties have been able to reach agreement on the terms of interim orders, including the usual injunctions and restraints on further travel pending the hearing of the matter on 29 August.  I, therefore, make orders in terms of that draft now initialled by me and placed with the file with the insertion of the dates discussed in the course of the hearing of the matter.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 1 August 2014.

Associate:

Date:  1 August 2014