Robinson & Bale

In the matter of *Robinson & Bale*, Bennett J of the Family Court of Australia considered an application by the father, Mr Robinson, concerning his child, X, who had allegedly been wrongfully removed from Australia to Ireland by the respondent mother, Ms Bale. The father sought orders for substituted service of initiating documents on the mother, as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters was not considered applicable in this instance.

The primary legal issues before the court were whether to grant substituted service of the initiating application and supporting documents on the respondent mother, and what protective measures were necessary to prevent the child from leaving Australia. The court also had to consider the appropriate steps to facilitate the potential return of the child to Australia and to gather information regarding the child's whereabouts.

Bennett J reasoned that substituted service was appropriate given the circumstances, ordering the applicant to serve the documents via email to the mother's specified address and by Facebook Messenger, informing her of the proceedings and the email service. The court deemed these actions sufficient for due service upon compliance. Furthermore, the court made orders restraining both parents from removing the child from Australia, requested the Australian Federal Police to place the child on the Airport Watch List, and directed the Secretary of the Department of Home Affairs to provide any information regarding the child's location. The matter was adjourned for determination of the application for the child's return to Australia.