Dobson and Dobson

[2007] FamCA 81

FAMILY COURT OF AUSTRALIA

DOBSON & DOBSON [2007] FamCA 81

FAMILY LAW - CHILDREN - Parenting - recovery order

Family Law Act 1975 (Cth)

APPLICANT: Mrs Dobson

RESPONDENT: Mr Dobson

INDEPENDENT CHILDREN’S LAWYER: Independent Children's Lawyer

FILE NUMBER: MLF 2948 of 2006

DATE DELIVERED: 30 January, 2007

PLACE DELIVERED: Melbourne

JUDGMENT OF: Brown J

HEARING DATE: 30 January, 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr McDermott

SOLICITOR FOR THE APPLICANT: James McDermott, P.O. Box 369, Preston, 3072

INDEPENDENT CHILDREN’S LAWYER COUNSEL: Mr Finn

INDEPENDENT CHILDREN’S LAWYER SOLICITOR: Marshalls & Dent, DX 213 Melbourne

Orders

1. That all times be abridged to allow the matter to proceed ex parte this day. 

1. That until further order the respondent husband spend no time with and have no communication whatsoever with P born in October, 2002.

1. That pursuant to s.67U of the Family Law Act 1975 a Recovery Order issue authorising and directing the Marshal, Deputy Marshal, all officers of the Australian Federal Police and all officers of the Police Forces of all of the States and Territories of the Commonwealth of Australia to find and recover the child P born in October, 2002 and to deliver the said child to the wife forthwith, she being the person entitled to have the said child live with her, pursuant to orders made in the Family Court of Australia on 15 November, 2006.

1. That until further order the husband, by himself, his servants or agents be and is hereby restrained from removing or attempting to remove the said child P born in October 2002 from the Commonwealth of Australia  AND IT IS FURTHER ORDERED  that the Australian Federal Police place the name of the said child on the Airport Watch List in force at all points of arrival and departure in the Commonwealth of Australia and maintain the child’s names on the Watch list until further order of the Court. 

1. That as soon as practicable the solicitor for the wife serve a sealed copy of this order upon the proper officer of the Australian Federal Police at Melbourne,  AND IT IS REQUESTED  that Australian Federal Police give force and effect to this order. 

1. That if the husband takes or attempts to retake possession of P after execution of the recovery order, he may be arrested without warrant. 

1. That the form 2 application filed this day be otherwise adjourned to 9 February, 2007 in the Senior Registrar’s list at 9:45 am. and in the event the Recovery Order has not been executed by that date,  IT IS REQUESTED  that the solicitor for the wife and the independent children’s lawyer liaise with the list registrar to obtain an adjourned date and give notice of it to the husband by letter addressed to his last known address.

1. That as soon as practicable the wife serve the husband with the following documents :

   (a)     form 2 application filed this day;
                     (b)     affidavit of the wife sworn and filed this day;
                     (c)     sealed copy of this order.

1. That in the event the husband wishes to file and serve any material in response to the form 2 application and affidavit filed by the wife this day, he file and serve that material on or prior to 7 February, 2007.

1. That pursuant to s.65DA(2) and s.62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

2. That the reasons for judgment this day be transcribed and that copies be made available to the parties.

1. That the preparation of these orders be expedited forthwith.

1. That the wife be excused from attendance at the hearing on 9 February, 2007 (or such later date as is fixed for that hearing)  PROVIDED THAT  she be available by telephone to speak with her legal advisers, if necessary.

1. That pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of solicitors appearing as counsel.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 2948  of 2006

Mrs Dobson

Applicant

And

Mr Dobson

Respondent

Independent Children’s Lawyer

REASONS FOR JUDGMENT

1. This case involves the parties' child, P who was born in October 2002.  It has some history in the Court.  On 25 January 2007, against a background of significant allegations of violence directed at the wife, P and the wife’s other children, the senior registrar suspended the orders which provided for the father to have any time with P.  The senior registrar otherwise adjourned the matter to 9 February.

1. The wife has deposed in her affidavit to the circumstance in which the husband attended at her home in late January.  She told him of the order which suspended his time with P.  He forced his way into her home.  He refused her request that he leave.  He said he had nothing to lose, because he was going to gaol, anyway.  He took P.

1. The husband has been charged with breaching an intervention order. Importantly, as succinctly outlined by the independent children's lawyer, he is presently subject to a suspended sentence of two years imprisonment in respect of conviction on charges resulting from holding the wife and children hostage.  The SWAT team were sent to the home at that.  The husband prepared and threw molotov cocktails at police.  He was charged with and convicted of a number of offences arising out of those events.

2. The husband made admissions in respect of these convictions in one of his affidavits.  He spent some time on remand.  On the evidence, he appears to have a sentence of two years imprisonment hanging over his head and if convicted of a breach of an intervention order could expect to serve it.

1. The Court must focus on the best interests of the child.  The senior registrar made those orders on strong evidence, finding that P’s safety required a suspension of time with his father until allegations could be investigated and safeguards put in place. 

1. I do propose to make orders for the issue of a recovery order.  I will leave the matter in the list for 9 February.  It is to be hoped that by then the recover order has been executed.  I will also make other orders I find necessary to protect P in the interim.

I certify that the preceding
6 paragraphs
are a true copy of the reasons for
judgment herein of the
Honourable Justice Brown AM

Dated the          day of           2007.

…………………………………………
Associate

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as DOBSON & DOBSON