DUCKETT & ROBINSON

[2015] FCCA 2275

FEDERAL CIRCUIT COURT OF AUSTRALIA

DUCKETT & ROBINSON [2015] FCCA 2275

Catchwords:
CHILD SUPPORT – Stay – application for stay of administrative assessment – where mother has absconded from Australia with the child – whether payments of child support should be stayed – where order made that child should reside with father in Australia – public policy considerations – whether a party removed the child from Australia contrary to either s.65Y or s.65Z of the Family Law Act 1975 (Cth).

Legislation:

Child Support (Assessment) Act 1989 (Cth), s.54E

Child Support (Registration and Collection) Act 1988, (Cth), ss.104, 111C

Family Law Act 1975 (Cth), ss.65Q, 65Y, 65Z, 67Q, 69VA

Cases cited:
Duckett & Robinson [2015] FCCA 997
Garth & Hope [2011] FMCAfam 41
Jones v Child Support Registrar [2007] FCA 1731
Redmond & Redmond & Ors [2013] FamCAFC 161
Yathopoulos & Komine & Anor [2013] FCCA 267

Applicant: MR DUCKETT

Respondent: MS ROBINSON

File Number: SYC 5776 of 2013

Judgment of: Judge Scarlett

Hearing date: 11 August 2015

Date of Last Submission: 11 August 2015

Delivered at: Sydney

Delivered on: 11 August 2015

REPRESENTATION

Counsel for the Applicant: Mr Guterres

Solicitors for the Applicant: Derham Houston

Respondent: No appearance

ORDERS

UNTIL FURTHER ORDER

1. The Applicant is granted leave to proceed ex parte.

2. The administrative assessment of child support no. (omitted) is stayed in respect of the child X born (omitted) 2011.

3. The collection of ongoing payments of child support and any outstanding arrears of child support in respect of the above administrative assessment is stayed.

4. The Child Support Registrar is restrained from taking any action to disburse any money currently being held by the Registrar in respect of the above administrative assessment is stayed.

5. The Applicant is to serve a sealed copy of these Orders upon the Child Support Registrar within seven (7) days.

6. The Applicant’s costs of this Application are reserved.

IT IS NOTED that publication of this judgment under the pseudonym Duckett & Robinson is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 577 of 2013

MR DUCKETT

Applicant

And

MS ROBINSON

Respondent

REASONS FOR JUDGMENT

Application in a Case

1. The Applicant is the Father of a little boy called X, who is aged 4 years and 7 months. He is seeking a stay of the current assessment of child support relating to the child, even though the child is still in the mother’s care.

2. The circumstances of the case are unusual, to say the least. The Mother has absconded with the child, originally to (country omitted), but it is now believed that they are in (country omitted). Orders have been made by this Court that:

   a)the child should live with the Father;

   b)a Recovery Order should issue for the child to be delivered to the Father; and

   c)a warrant is to issue for the Mother’s arrest.   

Background

1. The facts are more fully set out in the decision of this Court made on 9^th April 2015[1],…