Tompkins and Tompkins

[2016] FamCA 701

FAMILY COURT OF AUSTRALIA

TOMPKINS & TOMPKINS [2016] FamCA 701

FAMILY LAW – CHILD ABDUCTION – Watchlist order  made to prevent mother from leaving Australia.

Family Law Act 1975 (Cth)

APPLICANT: Mr Tompkins

RESPONDENT: Ms Tompkins

FILE NUMBER: SYC 5275 of 2016

DATE DELIVERED: 22 August 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 22 August 2016

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Rachel Stubbs & Associates

SOLICITOR FOR THE RESPONDENT: no appearance

Orders

1. The proceedings be adjourned to 5 September 2016 at 9.15am for mention by telephone. To participate in this mention by telephone please dial 1800 … and at prompt enter password ….

2. Pending further order, I make orders in accordance with paragraphs 1 – 9  (save that orders 8 and 9 will not be for three years but pending further order) of the interim application filed 18 August 2016 as follows:

   1.That this application be urgently short listed and heard on an ex-parte basis.

   2.That any rules not complied with be dispensed with.

   3.Until further order the respondent mother Ms Tompkins be restrained from leaving the Commonwealth of Australia.

   4.The Marshal of the Family Court of Australia and all officers of the Australian Federal Police and of the police forces of the states and territories of the Commonwealth of Australia are requested to give effect to these orders and to take all necessary steps to restrain the respondent from leaving the Commonwealth of Australia.

   5.Until further order the Commissioner of the Australian Federal Police and the Secretary of the Ministry of Immigration take all necessary steps to immediately place the said respondent’s name on the airport watch list, also known as the PACE Alert system, at all points of arrival and departure in the Commonwealth of Australia.

   6.The Australian Federal Police maintain an airport watch of the said respondent on all flights leaving any international airport in all states and territories of the Commonwealth of Australia.

   7.The Australian Federal Police and the Police Forces of the States and Territories of the Commonwealth of Australia assist in the implementation of, and give effect to, these orders.

   8.That until further order the respondent mother, namely Ms Tompkins, her servants and/or agents be and are hereby restrained by injunction, and irrespective of authenticated consent as contemplated in Part VII of the Family Law Act 1975,from removing or attempting to remove or causing or permitting the removal of the said child D born on … 2007 from the Commonwealth of Australia;

   9.AND IT IS REQUESTED that the Australian Federal Police give effect to this order by placing the name of the said child on the Family Law Watchlist in force at all points of arrival and departure in the Commonwealth of Australia and maintain the child’s name on the Watchlist until the Court orders its removal.

3. Liberty granted to the mother to restore the matter on 48 hours notice and the father is to serve this order, the reasons, his application and affidavit(s) upon the mother as soon as is practicable in whatever way he is able to do so. I note the lawyer for the father has told me today that she believes there may be a solicitor who is acting for the mother in Australia.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Tompkins & Tompkins has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 5275  of 2016

Mr Tompkins

Applicant

And

Ms Tompkins

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. An urgent listing was sought to consider the applications for interim orders sought in the Application in a case filed by the father on 18 August 2016. The applicant sought that those applications be heard on an ex parte basis.

2. The child in this matter, D (“the child”), was born in 2007 and currently aged eight, is in Zimbabwe. The parties separated in around July 2014. The child left Australia with the father’s consent for a holiday in around December 2014 and has not apparently returned to Australia. After some attempts to get the child returned to Australia, the father initiated proceedings under the Hague Convention in or around 3 August 2015. So far as the father knows, the Zimbabwean Central Authority has yet to process or secure an outcome of the father’s August 2015 application. The father has not seen the child for about 18 months and has had only the briefest of communications with him whilst he has been in Zimbabwe.

3. The mother regularly travels between Australia and Zimbabwe for work. The father says she is currently in Australia and is working probably as a health professional in Western Australia.

4. In the circumstances I am prepared to make orders to restrain the mother from going back to Zimbabwe until at least this court hears further from her in relation to the matter.

I certify that the preceding four (4) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 22 August 2016

Associate: 

Date:  22.8.2016