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

[2013] FamCA 109

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY; SECRETARY, DEPARTMENT OF HUMAN SERVICES & MILIN [2013] FamCA 109

FAMILY LAW – CHILD ABDUCTION – Hague convention – Child’s name placed on Airport Watch List

Family Law Act 1975 (Cth)

APPLICANT: State Central Authority; Secretary, Department of Human Services

RESPONDENT: Mr Milin

FILE NUMBER: MLC 902 of 2013

DATE DELIVERED: 12 February 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 12 February 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Wilson

SOLICITOR FOR THE APPLICANT: State Central Authority, Secretary to the Department of Human Services

THE RESPONDENT: No appearance

Orders

1. That the applicant have leave to proceed without notice to the respondent.

2. That the application filed 12 February 2013 is adjourned to 9.00am on 15 February 2013 for further mention.

3. That until further order the respondent, his servants or agents be restrained by injunction from causing or permitting or suffering the child L born … May 2011 (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; or

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

4. That the Australian Federal Police place the names of the children on the Airport Watch List in force at all points of arrival and departure in the Commonwealth of Australia and maintain the children’s names on the Airport Watch List until further order of the Court.

5. That the respondent, 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 children or upon which the children appear and be restrained from applying for any further or other passports for the children pending further orders of this Court.

6. 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; Secretary, Department of Human Services & Milin 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 902 of 2013

State Central Authority; Secretary, Department of Human Services

Applicant

And

Mr Milin

Respondent

REASONS FOR JUDGMENT

1. This is an application brought on urgently by the State Central Authority under the child abduction convention regulations concerning the child L, (“the child”), who is 18 months of age.  The assertion is that the child was brought from New Zealand, where she was born, by her father without agreement from the mother.  The documents provided by the applicant indicate that the parties separated in somewhat controversial circumstances and that the mother, indeed, made an application to a court in December 2012, but it would appear that those documents were not served on the father.

2. The mother and father made an arrangement for the child to spend time with her father over the Christmas New Year period but she was to be returned on 1 January.  The mother asserts that on 1 January, when she went to collect the child, she learned that the father had left New Zealand on 28 December 2012, and that has been confirmed by the Australian immigration records.  Having regard to the surreptitiousness of the father’s move, I see no reason why the Court should not proceed on an ex parte basis, and bearing in mind that the orders will simply be a holding order until Friday, there is no prejudice to the father at all.

3. In the matter of State Central Authority & Milin, I will make orders adjourning the matter to 9 o’clock on 15 February 2013 and I will make orders in terms of paragraphs B, C, D and E of the application.

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 February 2013.

Associate: 

Date:  26 February 2013