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

[2015] FamCA 118

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & FARAH [2015] FamCA 118

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Interim orders – Child’s name to be placed on Family Law Watchlist – Matter adjourned

Family Law (Child Abduction Convention) Regulations 1986 (Cth)

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

RESPONDENT: Mr Farah

FILE NUMBER: BRC 1468 of 2015

DATE DELIVERED: 27 February 2015

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 27 February 2015

REPRESENTATION

SOLICITOR FOR THE APPLICANT:	Crown Law
THE RESPONDENT:	No appearance

ORDERS

It is ordered until further order that:

1. The Respondent Father, Mr Farah born on … 1981, be restrained and an injunction issue restraining him and any other person from removing, or attempting to remove the said child, B (female) born on … 2004, from the Commonwealth of Australia.

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. The Commissioner of the Australian Federal Police place the names of the Respondent Father, Mr Farah born on … 1981, and the said child, B (female) born on … 2004, on the Family Law Watchlist at all international departure points in Australia and maintain those names on the Family Law Watchlist for a period of two (2) years.

1. Upon expiration of the period referred to in Order 3 and subject to any further order of a court of competent jurisdiction the Australian Federal Police will cause the removal of the names referred to in Order 3 from the Family Law Watchlist.

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

1. There be liberty to apply.

It is ordered that:

1. The proceedings be listed for further mention at 9.30 am on 13 March 2015 at the Family Court of Australia, Brisbane Registry.

1. The Applicant cause to be served on the Respondent Father a copy of this Order fixing the further mention date referred to in Order 7 above.

Notation:

A.If after the expiration of the period set out in Order 3 above any parent seeks that the child’s name remain on the Watchlist 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 & Farah 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 1468 of 2015

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

Applicant

And

Mr Farah

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Application in Form 2 filed 19 February 2015 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 interim and final orders with respect to the child, B born in 2004 who is currently 10 years of age.

2. The requesting applicant under the Convention is the child’s mother, Ms C (“the mother”), a New Zealand national.  The respondent to the application is the child’s father, Mr Farah (“the father”), a New Zealand national who was believed to be residing with the child at D Street, Suburb E, Queensland, although information available to the applicant as of today suggests that he is not at that address.

3. Based upon the Application in Form 2 and the material filed in support of it, prima facie, the mother has rights of custody in respect of the child pursuant to the Care of Children Act 2004 (NZ) as she falls within the definition of guardian and there is a history of an order being made in the Manukau Family Court in Auckland in 2011 formalising parenting arrangements.

4. For present purposes it is unnecessary to detail the history of the parties’ relationship or the circumstances in which it seems the father removed the child from New Zealand and came to Australia.  Suffice it to note there is it seems a prima facie case on the applicant’s material for a return order to be made. 

5. On this basis the applicant seeks some interlocutory orders pending the service of the application upon the father and a further return date for the matter to be mentioned for the making of trial directions.

6. The proposed interim orders include a provision for liberty to apply, such that if the father when served seeks to agitate that the other interlocutory orders ought not be made or ought to be varied, there is that facility within the orders for that to occur.  Otherwise the interim orders simply seek to preserve the status quo in terms of the father not removing the child from the Commonwealth of Australia and consequential orders for the names of the father and the child to be placed on the Family Law Watchlist.

7. I am therefore satisfied it is appropriate to make the orders sought by the applicant at this interlocutory stage and I make those orders, including provision for the proceedings to be listed for a further mention at 9.30 am on 13 March 2015.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 27 February 2015.

Associate:  JT

Date:  27 February 2015