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

[2014] FamCA 640

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL. DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & BENT [2014] FamCA 640

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where the Respondent mother 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: Ms Bent

FILE NUMBER: BRC 6509 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:	Mr Maguire, Maguire Barnes Family Lawyers

Orders

It is ordered that:

1. UNTIL FURTHER ORDER, the Mother Ms Bent born … 1974, be restrained and an injunction issue restraining her and any other person from removing, or attempting to remove the said children B (female) born … 2003 and C (female) born … 2005, from the Commonwealth of Australia.

1. UNTIL FURTHER ORDER, the Mother Ms Bent born … 1974, 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, D Street, Suburb E.

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 Mother Ms Bent born … 1974 and the said children, B (female) born … 2003 and C (female) born … 2005, 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 children’s names from the Family Law Watch List.

1. UNTIL FURTHER ORDER, the Mother Ms Bent born … 1974, surrender forthwith to an officer of the Department of Communities, Child Safety and Disability Services all current passports relating to herself and the said children, B born … 2003 and C born … 2005.

It is further ordered that:

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

2. The Mother file and serve a Notice of Address for Service by 8 August 2014.

1. The proceedings be adjourned for further mention before the Honourable Justice Kent at 9.30 am on 18 August 2014 at the Family Court, Brisbane Registry.

NOTATION:

A.If after the expiration of the period set out in Order 4 above any parent seeks that

the children’s names 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 & Bent 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 6509 of 2014

Director-General, Department Of Communities, Child Safety And Disability Services

Applicant

And

Ms Bent

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 his 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 children B, born in 2003 who is currently 11 years of age, and C, born in 2005 who is currently eight years of age.

2. The requesting applicant under the Convention is the children’s father, Mr F (“the father”) a New Zealand national.  The respondent to the Application is Ms Bent (“the mother”) also a New Zealand national.  The father has rights of custody in respect of the children pursuant to the provisions to the Care of Children Act 2004 (NZ).

3. Briefly stated, the final orders sought in this Application are that the mother return the children to New Zealand and pay all costs associated.  Further, interim orders are sought which would restrain the mother from removing the children from Australia and changing the children’s usual day to day residence; to place the names of the children on the Family Law All Ports Watch List and for the mother to surrender passports for herself and the children to the Department of Communities, Child Safety and Disability Services (“the Department”).

4. The parties have reached agreement on the terms of those interim orders as per paragraphs 1 to 8 inclusive of the draft that is provided to the Court.  I am satisfied on the contents of the Form 2 Application and the material in support of it that there is at least a prima facie case for orders to be made.  Material is yet to be filed by the mother, but Mr Maguire on her behalf advances that further evidence is to be gathered to pursue the grave risk defence or exception to a return order being made, as well as outlining that there will be an issue on the final hearing as to consent.

5. Because that further information is yet to be obtained, the parties have agreed that there be an adjournment for two weeks to enable that further investigation to be carried out for the matter to then be mentioned again for the purpose of further directions, if needed. 

6. On that basis, I make the orders set out in paragraphs 1 to 8 of the draft provided to the Court by the parties, and otherwise order that the Application otherwise be adjourned for mention to 9.30 am on 18 August 2014.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 1 August 2014.

Associate:

Date: 8 August 2014