State Central Authority and Tyler

[2012] FamCA 1107

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY & TYLER [2012] FamCA 1107

FAMILY LAW – CHILD ABDUCTION – Hague convention – Child retained beyond period of agreement

Family Law Act 1975 (Cth); Family Law (Child Abduction Convention) Regulations 1986

APPLICANT: State Central Authority

RESPONDENT: Ms Tyler

FILE NUMBER: MLC 11839 of 2012

DATE DELIVERED: 24 December 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 24 December 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Nolan

SOLICITOR FOR THE APPLICANT: Department of Human Services

Orders

1. That the application filed 21 December 2012 is adjourned for mention at 10.00am on 17 January 2013.

2. That until further order MS TYLER, her servants or agents be restrained by injunction from causing or permitting or suffering the child H born … April 2008 (“the child”) (female):

   (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;

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

3. 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 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.

4. 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 & Tyler 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 11839 of 2012

State Central Authority

Applicant

And

Ms Tyler

Respondent

REASONS FOR JUDGMENT

1. This is an application on an ex parte basis relating to a three year old child.  The requesting party is the father of the child.  The orders were made in New Zealand in 2010 which seems to have had a four day rotation basis.

2. There is also a provision that the mother could come to Australia at various times.  That appears also to have occurred in the past, but she has always returned.  This time she did not, and the father is now seeking a return to New Zealand.  This is not a wrongful removal, but it is a retention beyond the period of agreement.

3. It is appropriate in the circumstances to make the orders on an ex parte basis.  The matter is adjourned to 17 January 2013 at 10 o’clock in the morning, and I make orders in terms of paragraph B, C and D of the application. 

RECORDED  :  NOT TRANSCRIBED

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 24 December 2012.

Associate: 

Date:  7 January 2013