DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & FARAH ( NO 2)

[2015] FamCA 163

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & FARAH ( NO 2) [2015] FamCA 163

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Further interim orders – Where the father failed to appear and could not be contacted – Father restrained from changing the child’s current residence – Father ordered to surrender all current passports of the father and child to the Department of Communities, Child Safety and Disability Services – Matter adjourned

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

RESPONDENT: Mr Farah

FILE NUMBER: BRC 1468 of 2015

DATE DELIVERED: 13 March 2015

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 13 March 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, surrender forthwith to an officer of the Department of Communities, Child Safety and Disability Services all current passports relating to himself and the child, B born on … 2004.

1. The Respondent Father, Mr Farah born on … 1981, be restrained and an injunction issue restraining him from changing the said child’s usual day to day residence from the premises where he and the said child are currently residing namely, F Street, Suburb G, in the State of Queensland.

IT IS FURTHER ORDERED THAT:

1. The proceedings be listed for further mention at 9.30 am on 23 March 2015 at

   the Family Court of Australia, Brisbane Registry.

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. On the first return date of this application on the 27 February 2015, I delivered some brief reasons for the orders then made in circumstances where the respondent father (“the father”) was yet to be served with the Application. 

2. One of those orders was that the matter be adjourned to this morning.  This morning, I am advised by Ms Thomas for the applicant that the father was served last evening with the application and that there have been some discussions as between the applicant and the father.  Attempts were made this morning to contact the respondent at his telephone number but without success.  The only further orders sought today by way of interim orders that were not made on the last occasion, are orders in terms of paragraphs 1 and 2 of the draft handed up to me, essentially restraining the father from changing the child’s residence from where he and the child are currently residing namely,

   
   

   F Street, Suburb G; and secondly the usual order for the surrender of passports.

3. I am satisfied for much of the same reasons as expressed on the last occasion in terms of the prima facie case advanced by the applicant that those orders should be made on an interim basis and otherwise I will order that the application be adjourned to 9.30 am on 23 March 2015. 

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 13 March 2015.

Associate:

Date:  13 March 2015