State Central Authority, Department of Human Services and Lomu

[2013] FamCA 705

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY, DEPARTMENT OF HUMAN SERVICES & LOMU [2013] FamCA 705

FAMILY LAW – Hague Convention; ex parte injunctive orders.

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

APPLICANT: State Central Authority, Department Of Human Services

RESPONDENT: Ms Lomu

FILE NUMBER: MLC 4465 of 2013

DATE DELIVERED: 6 June 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 6 June 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Nolan

SOLICITOR FOR THE APPLICANT: Department of Human Services

Orders

1. That all outstanding applications are adjourned to 9.00am on 13 June 2013.

2. That until further order the respondent, Ms Lomu and her servants or agents, be and are hereby restrained from:

   (a)removing or attempting to remove or causing or permitting the removal of the child from the Commonwealth of Australia AND IT IS REQUESTED that the Australian Federal Police give effect to this order by placing the name of the child B (male) born … 2011 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 Watch List until the Court orders its removal;

   (b)causing or permitting the child to be removed from the state of Victoria; or

   (c)causing or permitting the child 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 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’s name 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 and the Commissioner of the Australian Federal Police.

IT IS NOTED that publication of this judgment by this Court under the pseudonym State Central Authority & Lomu 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 4465 of 2013

State Central Authority, Department Of Human Services

Applicant

And

Ms Lomu

Respondent

REASONS FOR JUDGMENT

1. This is an application under the Family Law (Child Abduction Convention) Regulations 1986 asserting that B born on 23 April 2011 has been over-held in Australia by his mother. The assertion is that in April the mother obtained the father’s consent to travel to Australia for the purpose of a two to three week holiday to visit the child’s maternal aunt in Melbourne and the father consented. On 6 May 2013 the mother advised the father that she and the child were not returning to New Zealand and this had been her intention when she left that country.

2. Having regard to the matters set out in the application it is appropriate to deal with the matter on an ex parte basis, and I propose to make orders of a holding nature in terms of the application pending the return date in a week’s time.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 6 June 2013.

Associate:

Date:  17 July 2013