State Central Authority v Hamilton Humunga

[2012] FamCA 1104

FAMILY COURT OF AUSTRALIA

STATE CENTRAL AUTHORITY V HAMILTON- HUMUNGA [2012] FamCA 1104

FAMILY LAW – CHILDREN – Matter adjourned – respondent restrained by injunction from removing child.

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

FAMILY LAW –

APPLICANT: State Central Authority

RESPONDENT: Ms Hamilton-Humunga

FILE NUMBER: MLC 11838 of 2012

DATE DELIVERED: 24 December 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 24 December 2012

REPRESENTATION

SOLICITOR 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 Hamilton-Humunga, her servants or agents be restrained by injunction from causing or permitting or suffering B born … May 2007 (“the child”) (male):

   (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 SCA & Hamilton-Humunga 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 11838 of 2012

STATE CENTRAL AUTHORITY

Applicant

And

Ms Hamilton-Humunga

Respondent

REASONS FOR JUDGMENT

1. This is an ex parte application that was filed on the afternoon of last Friday, 21 December 2012.  It is filed by the State Central Authority.  Orders were made in New Zealand relating to the child of these proceedings.  The child, was spending time on a monthly basis with the mother, but otherwise seems to have been in the care of the paternal grandmother.  The paternal grandmother seems now to have come to Australia, therefore removing the rights of access between mother and child. 

2. Having regard to the obligations under the convention, it is appropriate to make the orders on an ex parte basis at this stage, bearing in mind that this was all done without the agreement of the mother.  I will make orders accordingly. 

I certify that the preceding two (2) 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