POLLARD & MOLLOY

[2013] FamCA 394

FAMILY COURT OF AUSTRALIA

POLLARD & MOLLOY [2013] FamCA 394

FAMILY LAW – CHILDREN – RELOCATION – Application by the mother for permission to relocate with the child to the United States of America ─ Orders made that will allow the mother to obtain a passport for the child and lodge documents with the Consulate ─ Where the Court is not in a position to make any other orders until such time as the father’s attitude to the application is known and that the wishes of the child have been ascertained

Family Law Act 1975 (Cth)

APPLICANT: Ms Pollard

RESPONDENT: Mr Molloy

FILE NUMBER: SYC 2324 of 2013

DATE DELIVERED: 20 May 2013

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

HEARING DATE: 20 May 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Wild

SOLICITOR FOR THE APPLICANT: Family Legal

THE RESPONDENT: No Appearance

Orders

IT IS ORDERED

1. That the applicant mother Ms Pollard have leave to renew the passport of the child C born … September 1999 notwithstanding that the respondent father Mr Molloy has not signed a passport application and that she do so without first obtaining his consent in writing AND IT IS REQUESTED that the Department of Foreign Affairs and Trade provide whatever assistance is necessary in relation to the issue of a passport.

2. That the mother have leave to sign all documents as may be required by the United States Consulate in Sydney to enable the child C born … September 1999 to obtain a Green Card in respect of his application for permanent residency status in the United States of America as a beneficiary of a diversity visa application.

3. That pursuant to Section 68L(2) an independent children’s lawyer be appointed on behalf of the child C born … September 1999 AND IT IS REQUESTED that Legal Aid Commission of New South Wales arrange such separate representation.

4. That forthwith upon appointment by the said Legal Aid Commission of New South Wales or otherwise the independent children’s lawyer file a Notice of Address for Service.

5. That within 48 hours of notification of such appointment the solicitors for the respective parties provide to the independent children’s lawyer copies of all relevant documents relied upon.

6. That upon their appointment, and after filing of an Address for Service, the independent children’s lawyer may inspect and, if permitted, copy all documents previously produced to the court in the proceedings and released to the parties.

7. That leave be granted to the independent children’s lawyer to relist the matter in an appropriate duty list in the event that an application is to be made for a Family Report to be ordered.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Pollard & Molloy 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 2324 of 2013

Ms Pollard

Applicant

And

Mr Molloy

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. Before the Court is an application by Ms Pollard (“the mother”) for permission to relocate with the child C born in September 1999 (“the child”) to the United States of America.  The child is the child of the mother and Mr Molloy (“the father”). 

2. The father has been served with the application but was only served on 7 May 2013.  This is the first return date and the father has not, at this time, appeared or filed any documents. 

3. The mother and her present husband have been fortunate to secure a green card allowing them and their children, including the subject child, to obtain residence in the United States of America. 

4. Whether or not the Court will determine, ultimately, that it is appropriate for the subject child to live in the United States of America is, of course, the issue for the final hearing before the Court.  However, in order that the mother can proceed to have her application processed, I propose to make an order that will allow her to obtain a passport for the child and an order that will allow her to lodge the appropriate documents with the United States Consulate. 

5. I am not in a position to make any other orders until such time as the father’s attitude to the application is known and that the wishes of the child have been ascertained.  It is appropriate that the child should be independently represented and I will grant leave to the independent children’s lawyer to relist the matter in an appropriate duty list in the event that the independent children’s lawyer sees some utility in that course of action.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Rees delivered on 20 May 2013.

Associate: 

Date: 30.05.2013