State Central Authority and Alexander

[2013] FamCA 94

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY & ALEXANDER [2013] FamCA 94

FAMILY LAW – CHILD ABDUCTION – Hague convention – injunction against removal of child to residence not agreed to with applicant and child’s name placed on Airport Watch List

APPLICANT: State Central Authority, Secretary to the Department of Human Services

RESPONDENT: Mr Alexander

FILE NUMBER: MLC 562 of 2013

DATE DELIVERED: 30 January 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 30 January 2013

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Wilson

SOLICITOR FOR THE APPLICANT: State Central Authority, Secretary to the Department of Human Services

THE RESPONDENT: No appearance

Orders

1. That the applicant have leave to proceed without notice to the respondent.

2. That the application filed 29 January 2013 is adjourned to 9.00am on 1 February 2013 for further mention.

3. That until further order the respondent, her servants or agents be restrained by injunction from causing or permitting or suffering the child T born … November 2003 (male):

   (a)    to be removed from the Commonwealth of Australia, and in this regard all officers of the Australian Federal Police be directed to enforce, if required, the provisions of such order;

   (b)    to be removed from the State of Victoria; or

   (c)    to reside in any address other than their present residential address or any other residence at which the applicant has agreed that the child may reside.

4. That the Australian Federal Police place the name of the child on the Airport Watch List in force at all points of arrival and departure in the Commonwealth of Australia and maintain the child’s name on the Airport Watch List until further order of the Court.

5. That the respondent, her servants or agents forthwith deliver up to the Registrar of the Family Court of Australia at Melbourne for safe custody any and all passports held in the names of the child or upon which the child appear and be restrained from applying for any further or other passports for the child pending further orders of this Court.

6. That a sealed copy of these orders be provided forthwith to the Marshal of the Family Court of Australia, the Commissioner of the Australian Federal Police and the Secretary of the Commonwealth Department of Foreign Affairs and Trade.

IT IS NOTED that publication of this judgment by this Court under the pseudonym State Central Authority & Alexander 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 MELBOURNE

FILE NUMBER: MLC 562 of 2013

State Central Authority, Secretary to the Department of Human Services

Applicant

And

Mr Alexander

Respondent

REASONS FOR JUDGMENT

1. This is an application that was filed on 29 January 2013 by the State Central Authority, arising under the Child Abduction Convention Regulations.  This concerns a child who is now aged nine.  The assertion by the applicant is that he was removed from New Zealand under considerable protests from the mother.  There are allegations of threats of violence and also threats of legal sanctions if the mother resisted.  It is said that the sister of the father, with whom the child is supposedly living, says that the child is distressed by the absence of his mother.

2. This is a matter that needs to be brought on urgently.  It is a matter which, under those circumstances, ought not be served prior to any preliminary hearing.  I propose, therefore, to adjourn it to 1 February at 9am and to make orders.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 30 January 2013.

Associate: 

Date:  14 February 2013