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

[2014] FamCA 158

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & SMALL-PARSONS [2014] FamCA 158

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 Small-Parsons

FILE NUMBER: BRC 2049 of 2014

DATE DELIVERED: 18 March 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 18 March 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Law

FOR THE RESPONDENT: In person

Orders

It is ordered until further order that

1. The Respondent Mother Ms Small-Parsons born … 1989, be restrained and an injunction issue, restraining her and any other person from removing, or attempting to remove the said children D born … 2008 and N born … 2011 from the Commonwealth of Australia.

2. The Respondent Mother Ms Small-Parsons born … 1989, be restrained and an injunction issue, restraining her from changing the said children’s usual day to day residence from the premises where she and the said children are currently residing namely, B Street, Suburb C or such other address as is notified in advance in writing to the Applicant.

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 Mother Ms Small-Parsons born … 1989 and the said children D born … 2008 and N born … 2011 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 years.

5. 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 children’s name from the Family Law Watch List.

6. The Respondent Mother Ms Small-Parsons born … 1989 surrender forthwith to a representative of the Department of Communities, Child Safety and Disability Services and or a nominated person all current passports relating to herself and the said children, D born … 2008 and N born … 2011.

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

8. As soon as practicable, the Applicant cause a copy of these Orders to be served on the Australian Federal Police.

9. The Respondent Mother file and serve a Notice of Address for Service on or before 4 pm on 18 March 2014.

10. The Respondent Mother file and serve a Form 2A answer and cross application on or before 4.00 pm on 31 March 2014.

11. The Respondent Mother 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 31 March 2014.

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

13. The application be set down for hearing on 30 April 2014 at 10.00 am.

14. 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 & Small-Parsons 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 2049 of 2014

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

Applicant

And

Ms Small-Parsons

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. This is an Application in Form 2 under the Family Law (Child Abduction Convention) Regulations 1986 made to give effect to what is known as the Hague Convention in respect of two children, namely, D born in 2008, and N born in 2011.

2. The requesting Applicant is the children’s father, and the Respondent to the application is their mother, Ms Small-Parsons. 

3. The material contained in the Form 2 application and the material filed in support of the Form 2 application establishes a prima facie case, at least, for the return of the children to New Zealand, and I have today proposed to make orders in relation to the filing of material by the Respondent mother in answer to that application.

4. I am satisfied on the contents of the Form 2 application and material in support that at least on an interim basis, orders ought be made preserving the status quo until the hearing and determination of the trial of the proceedings.

5. On that basis, I make the orders that are now initialled by me and placed 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 18 March 2014.

Associate:

Date: 19 March 2014