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

[2014] FamCA 633

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY AND DISABILITY SERVICES & TANGIORA [2014] FamCA 633

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Where the Respondent Mother agrees to return the subject children to New Zealand – Where the Court is satisfied that the making of a return order is justified

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

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

RESPONDENT: Ms Tangiora

FILE NUMBER: BRC 6510 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

FOR THE RESPONDENT: In person

Orders

It is ordered by consent that:

1. The children, B born … 2014 and C born … 2014, be returned to New Zealand, and for the purposes of giving effect to this Order:

a.     the said children leave the Commonwealth of Australia on or before

3 August 2014.

1. There be liberty to apply.

It is ordered that:

1. The proceedings be removed from the pending cases list.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Director-General, Department of Communities, Child Safety and Disability Services & Tangiora 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 6510 of 2014

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

Applicant

And

Ms Tangiora

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), applies for final orders with respect to twin children, namely, C and B, who were both born in 2014 and are currently seven months old.

2. The requesting applicant under the Convention is the children’s father, Mr D (“the father”).  The respondent to the application is Ms Tangiora (“the mother”).  The father has rights of custody in respect of the children, pursuant to the provisions of the Care of Children Act 2004 (NZ).  The Application in Form 2 and material in support records that the parents were in a brief de facto relationship from about May 2013 to October 2013 and it is known that the children were born in 2014.

3. On the material in the Application, the mother did not inform the father about the birth of the children and he only saw them on about two occasions before the mother moved to Australia with the children on or about 12 April 2014.  On the material in support of the Application, the children were removed from New Zealand without the father’s knowledge or consent.  In the event, on the first return date of this Application, the mother appears representing herself.

4. The Court was informed that the mother has had an opportunity to obtain legal advice.  The applicant was provided with an opportunity to seek return travel documents for the mother and the children for their proposed return travel this evening from Australia to New Zealand.  On that basis, the Court was also informed that the mother understands that it should be the Court in New Zealand which determines the parenting arrangements in respect of the children.

5. I am satisfied that the mother knows and understands the terms of the orders and I am satisfied that the orders for return ought to be made on that basis. 

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 1 August 2014.

Associate: 

Date:  1 August 2014