Hyde & Minhas

[2022] FedCFamC1F 758

Federal Circuit and Family Court of Australia

(DIVISION 1)

Hyde & Minhas [2022] FedCFamC1F 758

File number(s):

PAC 1205 of 2019

Judgment of:

BRASCH J

Date of judgment:

4 October 2022

Catchwords:

FAMILY LAW – PARENTING – Where the mother sought orders for international travel with the child – Where there was no specific proposal for international travel – Where travel was opposed by the paternal uncle and grandfather –Where the mother has few ties to Australia – Where Line & Line (1997) FLC 92-729 followed – Where orders were made restraining the mother from taking the child out of the Commonwealth.

Legislation:

Family Law Act 1975 (Cth) Part 7, ss 60B, 60CC, 60CC(3)

Hague Convention on the Civil Aspects of International Child Abduction

Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children

Cases cited:

 Line & Line (1997) FLC 92-729; (1996) 21 Fam LR 259

Division:

Division 1 First Instance

Number of paragraphs:

62

Date of hearing:

4 October 2022

Place:

Parramatta

Counsel for the Applicant and Second Respondent:

Mr O’Brien

Solicitor for the Applicant and Second Respondent:

Circle Bridge Legal

The First Respondent:

Litigant in person

Counsel for the Independent Children's Lawyer:

Ms Yu

Solicitor for the Independent Children's Lawyer:

Sarah Bevan Family Lawyers

ORDERS

PAC 1205 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR HYDE

Applicant

AND:

MS MINHAS

First Respondent

MR B HYDE

Second Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:	BRASCH J
DATE OF ORDER:	4 OCTOBER 2022

THE COURT ORDERS:

1.That the mother, her servants and/or agents are hereby restrained by injunction from removing the child, X born in 2015 from the Commonwealth of Australia, and to facilitate this orders:

(a)The marshal and all officers of the Australian Federal Police and the police forces of the Various states and territories are requested and empowered to take all necessary steps to give effect to these orders, including all things necessary to include and retain the said child, X born in 2015, on the airport watch list in force at all points of arrival and departure in the Commonwealth of Australia and child’s name on the watch list until further order of the child turning 18 years of age.

THE COURT NOTES THAT:

A.Nothing in this Order, and nothing I have said, prevents the mother from bringing an application to the court should she have a specific proposal for overseas travel.

B.The complete set of orders were made on 4 October 2022.

C.The above Order only relates to the issue that was in dispute and required determination.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r…