State Central Authority and Cover

[2013] FamCA 702

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY AND COVER [2013] FamCA 702

FAMILY LAW – Abduction of child – whereabouts of child and parent unknown – orders sought seeking information from relevant departments

Family Law Act 1975 (Cth)

Family Law (Child Abduction Convention) Regulations 1986 (Cth)

APPLICANT: State Central Authority

RESPONDENT: Ms Cover

FILE NUMBER: MLC 3602 of 2013

DATE DELIVERED: 15 May 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 15 May 2013

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Noland, Department of Human Services, State Central Authority

Orders

1. That the further hearing of the application filed on 7 May 2013 is adjourned to 9.00am on 4 June 2013.

2. That until further order the respondent, Ms Cover and her servants or agents, be restrained by injunction from causing or permitting or suffering the child B born … 2011:

   (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; or

   (b)to reside at any place other than his present residential address or any other residence at which the applicant has agreed that the child may reside.

3. 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.

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

5. That a sealed copy of these orders be provided forthwith to the Marshal of the Family Court of Australia and the Commissioner of the Australian Federal Police.

6. That pursuant to section 67N of the Family Law Act 1975, the Secretary to the Department of Human Services (Federal) provide the Registrar of the Family Court of Australia at Melbourne (‘the Registrar’) such information that is contained in the records of:

   (a)Medicare or that Medicare may obtain; and

   (b)Centrelink or that Centrelink may obtain,

   in relation to the whereabouts of:

   i.The respondent mother Ms Cover born … 1992 in New Zealand; and

   ii.The child B born … 2011 in New Zealand.

7. That the Secretary to the Department of Human Services not be required to search the records of Medicare and Centrelink more than once every month during the currency of the order which shall be one year from the date hereof. 

8. That, pursuant to section 67M of the Family Law Act 1975 (Cth), the Director, Vic Roads (’VR’) provide to the Registrar of the Family Court of Australia at Melbourne such information that is contained in the records of VR or that the VR may obtain information that is contained in the records of VR or that VR may obtain in relation to the whereabouts of the respondent mother Ms Cover born in 1992 in New Zealand.

9. That the Director, Vic Roads not be required to search the records of the Department more than once every month during the currency of this order which shall be for one year from the date hereof.

10. That leave be granted to disclose the information provided to the Registrar by:

    (a)the Secretary of the Department of Human Services pursuant to order 1 above; and

    (b)the Director, Vic Roads pursuant to order 5 above; to the solicitor for the applicant, a process server engaged by the solicitor for the applicant and to the employees of the Commonwealth Central Authority and all State and Territorial Central Authorities.

11. That the reasons this day be transcribed and be placed on the court file.

IT IS NOTED that publication of this judgment by this Court under the pseudonym SCA & Cover 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 4827 of 2007

State Central Authority

Applicant

And

Ms Cover

Respondent

REASONS FOR JUDGMENT

1. This is an ex parte application by the State Central Authority relying upon the Child Abduction Convention Regulations 1986.  The respondent is the mother of B, who was born in 2011.  The requesting parent is the child’s father and he resides in New Zealand.  The allegation is that the mother wrongfully removed the child from New Zealand at a time where there were proceedings in New Zealand.  Having regard to that, this is a case where the orders should be made on an ex parte basis.   The mother does not seem to be particularly concerned, not only about the father’s rights, but also her obligations in relation to court proceedings.

2. The whereabouts of the mother are not known and the State Central Authority has therefore sought orders under s 67N of the Family Law Act 1975 (Cth) (“the Act”) seeking information from the relevant departments. The Department has provided an acknowledgement of its willingness to cooperate in the usual expected fashion and I am satisfied that they have at least been put on notice and accepted service of the documents.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 17 May 2013.

Associate: 

Date:  17 July 2013