State Central Authority and Barnes

[2014] FamCA 602

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY & BARNES [2014] FamCA 602

FAMILY LAW – CHILD ABDUCTION – Hague Convention – Adjournment.

Family Law Act 1975 (Cth)

APPLICANT: State Central Authority

RESPONDENT: Ms Barnes

FILE NUMBER: MLC 4917 of 2014

DATE DELIVERED: 12 June 2014

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 12 June 2014

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Accornero

SOLICITOR FOR THE APPLICANT: State Central Authority; Department of Human Services

Orders

1. THAT leave is granted to the applicant to proceed ex parte with orders in terms of paragraphs (b), (c) and (d) of the application filed on 5 June 2014.

2. THAT the application be adjourned for further hearing on 19 June 2014 at 9:00am.

3. THAT the applicant effect service of the application and this Order on the respondent mother as soon as practicable.

4. THAT in the event that the respondent mother has been served with the application by the adjourned date:

   (a)she file and serve an affidavit in response to the application indicating her defence to the application no later than 4 pm on 18 June 2014;

   (b)she file and serve a Notice for Address for Service; and

   (c)she attend Court personally on 19 June 2014 at 9:00am and remain at Court pending further order of the Court.

5. THAT until further order, the respondent mother, her servants or agents be restrained by injunction from causing or permitting or suffering the child X (born … 2013) (“the child”):

   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 at any address other than their present residential address or any other residence at which the applicant has agreed that the child reside. 

6. 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.

7. THAT the respondent mother, 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 name of the child or upon which the child appears and be restrained from applying for any further or other passports for the child pending further orders of this Court.

8. 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 & Barnes 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 4917 of 2014

State Central Authority

Applicant

And

Ms Barnes

Respondent

REASONS FOR JUDGMENT

1. This is an application by the State Central Authority under the Child Abduction Convention Regulations.  The respondent, although born in Australia, was in a relationship in Canada and the child, X, is only a few months old.  It would seem from the material before me that the habitual residence of X at this stage is said to be Canada. 

2. The mother left Canada in April.  She made an attempt upon 15 April, but because of the opposition and some moves by the father, she was thwarted, but she then made a second attempt on the following day and was successful.  She came to Australia on or around 16 April, and it is clear from the allegations that the father did not consent to the travel.

3. Having regard to the fact that she did that surreptitiously, ignoring the rights of custody of the father, it is appropriate for this matter to proceed at this stage on an ex parte basis.  I will accordingly make orders adjourning the matter to 9 am on 19 June 2014, and otherwise orders in terms of (b), (c) and (d) of the application and the usual orders for the filing a response on affidavit by 4 pm on 18 June.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 12 June 2014.

Associate: 

Date:  25 July 2014