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

[2015] FamCA 303

FAMILY COURT OF AUSTRALIA

DIRECTOR-GENERAL, DEPARTMENT OF COMMUNITIES, CHILD SAFETY & DISABILITY SERVICES & DELANY [2015] FamCA 303

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Interim Orders – Child’s name to be placed on the 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: Ms Delany

FILE NUMBER: BRC 3088 of 2015

DATE DELIVERED: 24 April 2015

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 24 April 2015

REPRESENTATION

SOLICITOR FOR THE APPLICANT:	Crown Law
SOLICITOR FOR THE RESPONDENT:	Damien Greer Lawyers

Orders

it is ordered until further order that:

1. The Respondent Mother, Ms Delany born … 1974, be restrained and an injunction issue restraining her and any other person from removing, or attempting to remove the child, B born … 2010 (male) from the Commonwealth of Australia.

2. The Respondent Mother, Ms Delany born … 1974 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, Queensland.

3. 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.

4. The Commissioner of the Australian Federal Police place the names of the Respondent Mother, Ms Delany born … 1974 and the said child, B born … 2010 (male) 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.

5. 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 names referred to in Order 4 from the Family Law Watchlist.

6. The Respondent Mother, Ms Delany 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 child, B born … 2010.

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

1. The Respondent Mother to file and serve a Form 2A Answer and Cross Application on or before 4.00 pm on 19 May 2015.

2. The Respondent Mother to 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 19 May 2015.

3. The Applicant to file and serve any affidavits in reply on which the Applicant proposes to rely upon on or before 4.00 pm on 9 June 2015.    

4. The proceedings be listed for hearing before the Honourable Justice Kent at 10.00 am on 22 June 2015 at the Family Court of Australia, Brisbane Registry.

5. In the event the Respondent Mother fails to file and serve her Answer and/or affidavits of evidence as required by these Orders, then the Applicant is granted liberty to re-list the Application for the making of final orders returning the said child to the United States of America on an undefended basis.

6. There be liberty to apply.

NOTATION:

1. If after the expiration of the period set out in Order 4 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 & Delany 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 3088 of 2015

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

Applicant

And

Ms Delany

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. By Application in Form 2 filed on 19 February 2015 the Director-General, Department of Communities, Child Safety and Disability Services in his capacity as the State Central Authority pursuant to 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 2010, who is currently four years of age.

2. B was born in the United States and has dual citizenship in the United States and Australia.  Prima facie on the Form 2 Application and materials filed in support of it, there is a prima facie case for the orders sought by the applicant sufficient to support the making of the interim orders that are now proposed pending the hearing and determination of that application. 

3. Mr Greer who appears for the respondent mother, is yet to obtain instructions from the respondent mother as to any grounds of defence she might raise. Although it would seem, even on the content of the Form 2 Application, that potentially consent or acquiescence may be in issue, but that will be determined when the mother files her material as provided for in the proposed interim orders.

4. I am therefore satisfied that the interim orders that are sought, and which are not in issue as between the parties, ought be made and noting that there is a provision for there to be liberty to apply in those orders.  I therefore make orders in terms of the draft that has been provided to me with the insertion of the dates 19 May in orders 9 and 10; the date 9 June in order 11; and 10.00 am on 22 June being inserted in order 12.  I make those orders now initialled by me and placed with the file.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 24 April 2015.

Associate:

Date:  24 April 2015