Gaseley and Chalinor

[2014] FamCA 367

FAMILY COURT OF AUSTRALIA

GASELEY & CHALINOR [2014] FamCA 367

FAMILY LAW – CHILDREN – Child related proceedings – Where the Court granted leave for the matter to proceed on an ex-parte basis -  Where the applicant wishes to locate the mother so that he can then serve his Initiating Application upon her and attempt, through the Court, to obtain orders for him to see the child – Where the Court made orders as sought by the applicant, in part.

Family Law Act 1975 (Cth)

APPLICANT: Mr Gaseley

RESPONDENT: Ms Chalinor

FILE NUMBER: SYC 7220 of 2013

DATE DELIVERED: 30 April 2014 (Orders amended and reissued 15 July 2014)

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 30 April 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Fernie as Agent for Rowley & Ross Lawyers

THE RESPONDENT IN PERSON: No Appearance

Orders

1. That leave is granted for this matter to proceed today on an ex parte basis.

2. That orders are made in accordance with paragraphs 1-5 inclusive of Annexure B to the initiating application filed by the father on 5 December 2013 and noting there were two paragraphs numbered 2, as set out herein:

   1. That this matter be listed notwithstanding there being no Section 60i Certificate.

   2. In this Order child means:

Full Name   Date of Birth

[P]     …/2003

2. Pursuant to Section 67N of the Family Law Act 1975 (Cth), the Secretary of the Department of [Human Services – Centrelink] will provide to the Registrar of this Court, any information about the child’s location that is contained in or comes into the records of the Department.

4. For the purposes of Order 3:

a.      the Secretary will cause the records of the Department to be searched within 10 days after service of the Department of a sealed copy of this Order, and every 3 months thereafter while the order is in force;

b.      the Secretary will provide written notification to the Registrar of this Court of the result of each search of the Department’s records ;

c.      information about the child’s location will include information about the location of the Respondent with whom the child is believed to be, and will include but not limited to:

i.information about any address of the child or of the Respondent;

ii. information about the name and address of any person with whom the Department’s records suggest the child or the Respondent may be; and

iii. location arising from any payment by the Department to or in relation to the child or the Respondent or any person with whom the Department’s records suggest the child or the Respondent may be including:

A. the name of any financial institution conducting any account to which such payment is or was made, and the branch at which the account is or was conducted;

B. the name and number of any account to which such payment is or was made.

5. Pursuant to Section 67N(8) of the Family Law Act 1975 (Cth), if the Secretary provides information under this Order, the Secretary must, at the same time, provide any information about actual or threatened violence to the child, to a parent of the child, or to another person with whom the child lives, that is in the records of the Department.

6. Pursuant to Section 67N(6) of the Family Law Act 1975 (Cth), this location order remains in force for a period of 12 months.

1. That I direct the Registry Manager to notify the applicant’s legal representative upon receipt of information from the Department of [Human Services – Centrelink] pursuant to the location order made above.    

IT IS NOTED that publication of this judgment by this Court under the pseudonym Gaseley & Chalinor 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 SYDNEY

FILE NUMBER: SYC 7220 of 2013

Mr Gaseley

Applicant

And

Ms Chalinor

Respondent

REASONS FOR JUDGMENT

Introduction

1. In this matter Mr Gaseley (‘the father’) seeks a location order of Ms Chalinor (‘the mother’).

2. Orders were made on 3 June 2004 for the father to have contact with P born in 2003 (‘the child’) as set out in those orders. 

3. In 2007 the father lost contact with the mother and the child and has not seen them since.  The father wishes to renew contact with the child but does not know where the mother and the child are. 

4. It appears that the Department of Social Security may have information that may assist in locating the mother and the child.  The Department has been served with this application within seven (7) days prior to this application being heard.

5. The father simply wishes to locate the mother so that he can then serve his Initiating Application upon her and attempt, through the Court, to obtain orders for him to see the child.  Given the length of time that has elapsed since the father has seen the child, he understands that it may not necessarily be a straight forward process.

6. In those circumstances, although the Initiating Application seeks as part of the location orders for a warrant for the arrest of the mother be issued and that the child immediately start spending time with the father, those orders are not pressed.

Conclusion

1. Accordingly, I am satisfied it is appropriate to make orders 1 to 5 inclusive  contained in Annexure B to the initiating application filed on 5 December 2013.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Aldridge delivered on 30 April 2014.

Legal Associate: 

Date:  29 May 2014