Sabel and Zedenyi

[2018] FCCA 1500

FEDERAL CIRCUIT COURT OF AUSTRALIA

SABEL & ZEDENYI [2018] FCCA 1500

Catchwords:
FAMILY LAW – Parenting – undefended.

Legislation:

Family Law Act 1975, ss.67Q, 122

Applicant: MR SABEL

Respondent: MS ZEDENYI

File Number: SYC 6883 of 2017

Judgment of: Judge Henderson

Hearing date: 18 April 2018

Date of Last Submission: 18 April 2018

Delivered at: Sydney

Delivered on: 18 April 2018

REPRESENTATION

Counsel for the Applicant: Ms Winfield

Solicitors for the Applicant: Custodian Lawyers

Counsel for the Respondent:

Solicitors for the Respondent:

ORDERS

1. The child [X] born 2015 live with the father.

2. The father may provide to any public authority, any newspaper or any public place any information to assist with the child being returned and he shall not be in breach of section 122 of the Family Law Act 1975 (Cth).

3. Pursuant to Section 67Q of the Family Law Act 1975:

   TO:  

4. The Marshal of the Federal Circuit Court of Australia

   All Officers of the Australian Federal Police

   All Officers of the State and Territory Police Forces of Australia

5. You are authorised and directed with such assistance as you require, and if necessary by force, to find and recover the child [X] born 2015 and return him to his father.

6. For the purposes of finding and recovering the said child you are authorised and directed, with such assistance as you require, and if necessary by force to stop and search any vehicle, vessel or aircraft and to enter and search any premises or place in which there is, at any time, reasonable cause to believe that the said child may be found.

7. The court must give you any information provided to the court under a location order that may assist you in finding and recovering the said child.

8. The Applicant is to pay any associated travel costs of the child’s return.

9. That if MS ZEDENYI again removes the said child from the father or approaches the father or child’s home, work, school or places of extra-curricular activities they attend from time to time she may be arrested without a warrant.

10. This Order remains in force for a period of twelve months.

THE COURT NOTES THAT:

1. The father returned to (country omitted) in February 2018 but was unable to recover the child.

2. In the event the child is returned to Australia the father will renew his application to the Court.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 6883 of 2017

MR SABEL

Applicant

And

MS ZEDENYI

Respondent

REASONS FOR JUDGMENT

1. In the matter of Sabel and Zedenyi, I will proceed to deal with the father’s application in a case filed 21 March 2018 ex parte. This is a most distressing matter. The mother has removed the parties’ child [X] on 24 April 2015 from the Commonwealth of Australia illegally in contravention of the Hague Convention orders as well as the Family Law Act[1]. Proceedings have been commenced under the Hague Convention proceedings in (country omitted) as proceedings have finalised. There has been a judgment of that Court ordering the mother to return the child to Australia. Nothing has happened, and only the (country omitted) authorities can enforce that order. No one in Australia can do that.

   [1] Family Law Act 1975 (Cth).

2. The father comes to the Court today seeking further aid from this Court by way of making orders for a recovery order, an order that the child live with him which he says in his affidavit filed in support of his application on 21 March 2018, may assist the (country omitted) authorities to move matters along so that the child is returned to Australia in accordance with that decision. This Court will aid the father any way it can to assist in this young child, who is an Australian citizen, being returned to this country.

3. On an ex parte basis, I make a recovery order pursuant to section 67Q of the Family Law Act[2] that the child [X] born 2015 be recovered and returned to the care of his father and thereafter the child to live with the father. This is an order made on a pending further order basis.

   [2] Family Law Act 1975 (Cth), s 67Q.

4. I make all the additional orders that relate to a recovery order made in Australia.

5. I make an additional order that the father may provide to any public authority, any newspaper or any other place, any document relating to these proceedings to assist in his endeavour to have his child returned from (country omitted) to Australia and in so doing he will not be in breach of section 122 of the Family Law Act[3].

   [3] Family Law Act 1975 (Cth), s 122.

6. I dispense with any service of this application upon the mother. It is not necessary. She has failed to comply with orders of the (country omitted) Court, and the Court is concerned if the mother receives notification that this Court has made a recovery order and a live with order, she may endeavour to hide the child even further from the father. The Court notes the father returned to (country omitted) in 2018, and he was unable to trace the mother at that time.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Henderson

Date: 8 June 2018