Seymour and Seymour

[2010] FamCA 804

FAMILY COURT OF AUSTRALIA

SEYMOUR & SEYMOUR [2010] FamCA 804

FAMILY LAW – CHILDREN

Family Law Act 1975 (Cth)

APPLICANT: Mr Seymour

RESPONDENT: Ms Seymour

INDEPENDENT CHILDREN’S LAWYER: Batey’s Family Lawyers

FILE NUMBER: SYC 4559 of 2009

DATE DELIVERED: 1 September 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Justice Fowler

HEARING DATE: 1 September 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Cook by telephone link

SOLICITOR FOR THE RESPONDENT: Ms Wilson by telephone link

INDEPENDENT CHILDREN’S LAWYER: Ms Batey by telephone link

Orders

1. The oral application of the mother for an adjournment is refused.

2. The mother is by injunction pending further order restrained from doing any further act or giving any further support to any further act under the Hague Convention for the return of the children, T (male) born … July 1993, J (male) born … March 1996, Y (male) born … June 1998 and R (female) born … May 2004, from Australia to the Irish Republic prior to the determination of this matter by this court.

3. Liberty is granted to the mother or the Australian Central Authority to apply on 24 hours’ notice for the dissolution of Order 2.

4. The mother is to provide such particulars as have been requested of her to the solicitors for the father with a copy to the Independent Children’s Lawyer no later than 4.00 pm on Monday, 6 September 2010.

5. The Independent Children’s Lawyer is to send a copy of these Orders to the Australian Central Authority.

6. The mother’s oral application to vacate the Conciliation Conference listed on Monday, 6 September 2010 is refused.

7. The father is to provide to the solicitors for the mother a copy of his Financial Statement filed in the proceedings no later than 4.00 pm on Friday,

   
   

   3 September 2010.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC4559 of 2009

MR SEYMOUR

Applicant

And

MS SEYMOUR

Respondent

And

BATEY’S FAMILY LAWYERS

Independent Children’s Lawyer

REASONS FOR JUDGMENT

Introduction

1. In this matter there are proceedings before this court for parenting orders in relation to the children of this marriage.

2. The proceedings include an application by the mother for leave to relocate with the children to the Irish Republic.

3. There had previously been proceedings between the Central Authority and the mother and the children were ordered to be returned to Australia.

4. Proceedings commenced in this court sought orders for parenting as I have said and both parties have submitted to the jurisdiction of this court to determine those issues;  a fact conceded by the mother’s legal representative today.

5. Whilst those proceedings were pending, leave was given to the mother to take the two elder children to Ireland for a holiday which she did and she returned.

6. It came to the attention of the father’s solicitor at a later stage that the mother whilst in Ireland had made an application for an order for the issue of a passport for one of the children to be issued without the consent of the father and that an application appeared to have been made to the Irish Central Authority under the Hague Convention on International Child Abduction.

7. Where the mother has submitted to the processes of this court and  sought relief from this court in relation to parenting matters in relation to the children it seems to be totally inconsistent that she should commence proceedings or ask that proceedings be commenced under the Hague Convention.

The Orders to be made

1. I therefore propose to make the orders set forth above.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Fowler delivered on 1 September 2010.

Associate: 

Date:  1 September 2010