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

[2012] FamCA 344

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & SAKOPO [2012] FamCA 344

FAMILY LAW – CHILD ABDUCTION - HAGUE CONVENTION - Whether a return Order should be made - Where the Respondent Father does not submit that the Applicant has not established their case - Where the Respondent Father submits that the defence of objection beyond a mere wish or preference applies in respect of the subject child

Care of Children Act 2004 (NZ)
Family Law Act 1975 (Cth)
Family Law (Child Abduction Convention) Regulations 1986 (Cth)

Director-General of Family and Community Services (NSW) v Davis (1990) FLC 92-182
Gsponer v Director-General, Department of Community Services, VIC (1989) FLC 92-001
Murray v Director, Family Services ACT (1993) FLC 92-416
Re F (Hague Convention: Child’s Objections) (2006) 26 Fam LR 183
Re S(A Minor)(Abduction; Custody Rights) [1993] Fam 242
Richards v Director-General, Department of Child Safety [2007] FamCA 65

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

RESPONDENT: Mr Sakopo

FILE NUMBER: BRC 2201 of 2012

DATE DELIVERED: 15 May 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 11 May 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Linklater-Steele

SOLICITOR FOR THE APPLICANT: Crown Law

Orders

1. Paragraphs 1 to 7 (inclusive) of the Orders of 23 March 2012 be discharged.

2. The Applicant forthwith return to the Respondent all current passports held by the Applicant (if any) relating to the Father and T, born … April 1997.

3. The Applicant forthwith notify the Australian Federal Police of these Orders and the Applicant be at liberty to serve these Orders upon the Australian Federal Police.

4. The Application of the Director-General, Department of Communities, Child Safety and Disability Services filed on 12 March 2012 be dismissed.

5. The proceedings be removed from the pending cases list.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Director-General, Department of Communities, Child Safety and Disability Services & Sakopo 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 2201 of 2012

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

Applicant

And

Mr Sakopo

Respondent

REASONS FOR JUDGMENT

Introduction

1. The Applicant seeks the return of T, (“the child”), born … April 1997, who is thus now 15 years of age, by Order for return made pursuant to the Family Law (Child Abduction Convention) Regulations 1986 (Cth) (“the Regulations”).

2. The Applicant applies in her capacity as the State Central Authority under the Regulations, and the person who made the “request” within the meaning of reg 2 of the Regulations is the child’s mother, Ms Sakopo (“the Mother”), a resident of New Zealand, and the Respondent to this application is the child’s father, Mr Sakopo (“the Respondent”), who has resided in Australia since about 1996.

3. Apart from the child, the Mother and the Respondent are parents to three younger children, S, N and E, aged…