Director-General, Department of Communities, Child Safety and Disability Services and Wake (No. 2)

[2013] FamCA 539

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & WAKE (NO. 2) [2013] FamCA 539

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where the Respondent Mother consents to the return of the child to New Zealand

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

RESPONDENT: Ms Wake

FILE NUMBER: BRC 4256 Of 2013

DATE DELIVERED: 18 July 2013

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 7 June 2013

REPRESENTATION

FOR THE APPLICANT: Crown Law

FOR THE RESPONDENT: No appearance

Orders

IT IS ORDERED BY CONSENT

1. That the children, R born … January 2004 and E born … March 2007, be returned to New Zealand and for the purposes of giving effect to this order:

   (a)That the said children leave the Commonwealth of Australia on or before 22 July 2013;

   (b)That paragraph 1, 2, 6 of the orders of Justice Kent made on 7 June 2013 be discharged forthwith;

   (c)That subject to paragraph (d) below, the Commissioner of the Australian Federal Police and all Federal Agents of the Australian Federal Police retain the names of the Respondent Mother, Ms Wake born … 1970 and the said children R born … January 2004 and E born … March 2007, on the All Ports Watch Alert System at all international departure points in Australia;

   (d)That the said children R born … January 2004 and E born … March 2007, and the Respondent Mother, Ms Wake be removed from the All Ports Watch Alert System by officers/agents of the Australian Federal Police upon receipt of a letter from an officer of the Court Services, Department of Communities, Child Safety & Disability Services advising of the travel arrangements made for the said children to return to New Zealand, from 12.00 am on the date nominated for the said travel in the letter; and

   (e)That 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.

2. That there be liberty to apply.

NOTATION:

The Respondent Mother, Ms Wake, has purchased return tickets and paid all the necessary expenses including the cost of the airfares and departure taxes (if any) for the children to travel from Brisbane Airport to New Zealand on 21 July 2013. A copy of the travel itinerary has been provided to and sighted by the Applicant.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Director-General, Department of Communities, Child Safety and Disability Services & Wake (No. 2) 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 4256 of 2013

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

Applicant

And

Ms Wake

Respondent

REASONS FOR JUDGMENT

1. By application in Form 2 filed on 31 March 2013, the Director-General, Department of Communities, Child Safety and Disability Services in her capacity as the Central Authority pursuant to the Family Law (Child Abduction Convention) Regulations 1986 (Cth) (“the Regulations”) applied for, inter alia, final orders that the children, R born in January 2004 and E born in March 2007 be returned to the country of New Zealand.

2. The Form 2 application and the materials filed in support of it establish a prima facie case for a return order to be made on the basis that that material establishes each of the matters that an applicant is required to establish pursuant to sub regulation 16(3) of the relevant regulations.

3. Final consent Orders were sent to the Court today, 18 July 2013, in which the Mother consents to the return of the children to New Zealand. Included in those consent Orders is a notation that the Mother has already purchased tickets for the children to travel to New Zealand on 21 July 2013.

4. In those circumstances and for those reasons I am satisfied that a return order and associated orders should be made on a final basis in terms of the terms of the consent orders agreed between the parties.

5. I therefore make the Orders sent out at the commencement of these reasons.

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 July 2013.

Associate: 

Date:  18 July 2013