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

[2014] FamCA 116

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & PAYNE [2014] FamCA 116

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

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

RESPONDENT: Ms Payne

FILE NUMBER: BRC 1747 of 2014

DATE DELIVERED: 7 March 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 7 March 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

FOR THE RESPONDENT: In person by telephone

Orders

IT IS ORDERED UNTIL FURTHER ORDER THAT

1. The Respondent paternal grandmother Ms Payne, be restrained and an injunction issue, restraining her and any other person on her behalf from removing, or attempting to remove the said child L born … April 2009 from the Commonwealth of Australia.

2. The respondent paternal grandmother Ms Payne be restrained and an injunction 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, B Street, Town C.

3. 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.

4. The Commissioner of the Australian Federal Police place the names of the respondent paternal grandmother Ms Payne and the said male child L born … April 2009 on the Family Law Watch List at all international departure points in Australia.

5. The respondent paternal grandmother Ms Payne surrender forthwith to an officer of the Department of Communities, Child Safety and Disability services or their nominee all current passports relating to herself and the said child, L born … April 2009.

6. The applicant be at liberty to forthwith notify the Australian Federal Police of these orders.

7. The respondent paternal grandmother file and serve a Form 2A answer and cross application on or before 4.00 pm on 21 March 2014.

8. The respondent paternal grandmother 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 21 March 2014.

9. The applicant file and serve any affidavits on which the applicant proposes to rely on or before 4.00 pm on 4 April 2014.

10. The application be set down for hearing on 2 May 2014 at 10:00 am.

11. 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 & Payne 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 1747 of 2014

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

Applicant

And

Ms Payne

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Application in Form 2, filed on 25 February 2014, the Director-General, Department of Communities, Child Safety and Disability Services, in his capacity as the central authority pursuant to the Family Law (Child Abduction Convention) Regulations 1986, applies for a return order, amongst other orders, in respect of the child, L, born in April 2009.

2. The application was recently served upon the Respondent, Ms Payne, and leave has been granted for her to appear on the first return date by telephone. 

3. I am satisfied on the contents of the Form 2 Application that at least a prima facie case for a return order is established.

4. Ms Payne has been provided by email with the proposed interim orders sought by the Applicant today and she has expressed that she has read and understood the interim orders and has no difficulty in those orders being made. 

5. On that basis, I make the interim orders sought as per the draft orders that have been provided to the Court, now initialled by me and placed with the file, with the additions of the dates and times added to them in the course of the hearing this morning.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 7 March 2014.

Associate: 

Date:  10 March 2014