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

[2014] FamCA 800

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & KARP [2014] FamCA 800

FAMILY LAW – CHILD ABDUCTION – Hague convention – Interim orders – Child’s name 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 Karp

FILE NUMBER: BRC 8138 of 2014

DATE DELIVERED: 22 September 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 22 September 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 Karp born … 1986, be restrained and an injunction issue, restraining her and any other person from removing, or attempting to remove the child, V, (male) born … 2005 from the Commonwealth of Australia.

1. The Respondent Mother, Ms Karp born … 1986, be restrained and an injunction issue, restraining her from changing the said child’s usual day to day residence from the premises where she and the said child are currently residing namely, … C Street, Suburb D in the State of Queensland.

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 Mother, Ms Karp born … 1986, and the child, V (male) born … 2005, on the Family Law Watchlist at all international departure points in Australia for a period of two (2) years.

1. Upon expiration of the period referred to in Order 4 hereof or subject to any     further order of a court of competent jurisdiction the Australian Federal Police      will cause the removal of the child’s name from the Family Law Watch List.

2. The Respondent Mother, Ms Karp born … 1986 surrender forthwith to an officer of the Department of Communities, Child Safety and Disability Services all current passports relating to herself and the child, V born … 2005.

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

2. The Respondent Mother file and serve a Form 2A Answer and Cross Application          on or before 4.00 pm on 13 October 2014.

3. 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 13 October 2014.

1. The Applicant file and serve any affidavits in reply on which the Applicant          proposes to rely upon on or before 4.00 pm on 21 November 2014.

it is further ordered that:

1. The proceedings be listed for hearing before the Honourable Justice Kent at      2.15 pm on 5 December 2014 at the Family Court, Brisbane Registry.

2. There be liberty to apply.

notation:

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

the child’s name 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 & Karp 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 8138 of 2014

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

Applicant

And

Ms Karp

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Application in Form 2 filed on 9 September 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) applies for final orders with respect to the child, V (“the child”) born in 2005 to return to the country of New Zealand.

2. I am satisfied on the Form 2 Application and the material in support of it that there is at least a prima facie case established for the making of a return order. 

3. The respondent mother, Ms Karp, appears for herself on this the first return date of the Application.  She intends to obtain legal advice with respect to the Application but at least at this stage has had an opportunity to consider the interim orders that are sought by the Applicant and she expresses no objection to the Court making those orders on an interim basis.  The orders include a provision for liberty to apply.

4. I therefore make orders in accordance with the draft with the insertion of relevant dates as discussed during the hearing.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 22 September 2014.

Associate:

Date: 22 September 2014