State Central Authority; Secretary, Department of Human Services and Hudson

[2013] FamCA 704

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY; SECRETARY, DEPARTMENT OF HUMAN SERVICES AND HUDSON [2013] FamCA 704

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; Secretary, Department Of Human Services

RESPONDENT: Mr Hudson

FILE NUMBER: MLC 5976 of 2013

DATE DELIVERED: 24 July 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 24 July 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Federle

SOLICITOR FOR THE APPLICANT: Department of Human Services

Orders

1. THAT the application filed on 22 July 2013 be adjourned for further hearing on 31 July 2013 at 9.00am.

2. THAT until further order, the respondent father, his servants or agents be restrained by injunction from causing or permitting or suffering the child B (male) born … 2006:

   (i)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;

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

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

3. THAT the Australian Federal Police place the names 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 father, his 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 appears 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, 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 & Hudson 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 5976 of 2013

State Central Authority, Secretary, Department Of Human Services

Applicant

And

Mr Hudson

Respondent

REASONS FOR JUDGMENT

1. This is an application by the Department of Human Services through its position as the state central authority under the Family Law (Child Abduction Child Convention) Regulations 1986.  It is brought on an ex parte basis.

2. The child of the proceedings is B who was born in 2006.  There would seem to be little doubt in this case that the child’s place of habitual residence is his mother’s home country of Sweden. 

3. The facts are relatively simple.  The mother agreed for the father, who was born in Australia, to come to Australia with the child.  They had an agreed date to return, according to the mother, but there was an agreed extension of time and then subsequent alteration to that again.  There seems to be a dispute here as to whether this is a wrongful removal but no doubt the father will put before the Court his position in relation to the relevant defences under the convention.

4. It is not at all clear to me whether the father is in a stable place in Australia, but it seems appropriate in the circumstances, because he has declined to participate in discussions with the mother about returning to Sweden to have the matter of the forum sorted out.  On that basis, it is appropriate to proceed on an ex parte basis in case the father decides to move again before this Court can properly determine the matter.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 24 July 2013.

Associate:

Date:  3 September 2013