Vale and Vale

[2014] FamCA 1160

FAMILY COURT OF AUSTRALIA

VALE & VALE [2014] FamCA 1160

FAMILY LAW – PRACTICE & PROCEDURE – PUBLICATION ORDER – where location and recover order has issued – where children have not yet been recovered – where order made.

Family Law Act 1975 (Cth) s121

APPLICANT: Mr Vale

RESPONDENT: Ms Vale

INDEPENDENT CHILDREN’S LAWYER: Legal Aid Queensland

FILE NUMBER: SYC 7455 of 2012

DATE DELIVERED: 15 December 2014

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Hogan J

HEARING DATE: 15 December 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Ulbrick, G & D Lawyers

RESPONDENT: No appearance

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: No appearance

Orders

IT IS ORDERED THAT

1. Permission is granted to publish or broadcast:

   (a)       in any newspaper or periodical publication;

   (b)       by other electronic means including a website

   a notice or report of these proceedings approved PRIOR to publication by the Media Officer of the Family Court of Australia.

2. Any notice or report of the proceedings published or broadcast pursuant to these Orders must be limited to:

   (a)that a Recovery Order was issued on 18 September 2014 authorising all members of the Australian Federal Police and the State and Territory Police Forces and the Marshal of the Family Court of Australia to recover the children and the Recovery Order has not yet been executed;

   (b)       the full name of the Mother, MS VALE;

   (c)the full names of the children, B, and C;

   (d)the children’s dates of birth, being born … 2001 and … 2004 respectively;

   (e)       a description of the children;

   (f)       a photograph of the children; and

   (g)       any other information likely to assist in the children being located. 

3. Any notice or report published or broadcast pursuant to these Orders must include a request that any information as to the whereabouts of the children should be given to the Australian Federal Police on Crime Stoppers telephone number ...

4. The Registry Manager must urgently provide a copy of these Orders to the Marshal for distribution to the Australian Federal Police and the State and Territory Police Forces.

5. In the event that the children are recovered after publication or broadcast of a notice or report approved under these Orders, then subject to any order to the contrary, permission is granted to any newspaper publication, radio station, television channel, or website that published or broadcast the notice or report to publish or broadcast:

   (a)       a report of the recovery that is limited to that fact; and

   (b)       the role if any it played in the recovery;  and

   (c)       the matters listed in paragraph (2) of these Orders;

   provided such notice or report is approved by the Media Officer of the Family Court of Australia.

6. The Applicant’s costs of and incidental to the Application in a Case filed 17 November 2014 be reserved.

IT IS NOTED

1. Order 11, as sought by the Applicant in his Application in a Case filed 17 November 2014, being that order which relates to an application to stay the child support payments required of the Applicant, is withdrawn.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Vale & Vale 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 BRISBANE

FILE NUMBER:  SYC 7455 of 2012

Mr Vale

Applicant

And

Ms Vale

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. On 17 November 2014, the applicant father filed an Application in a Case seeking a number of orders.  Included within those was an application seeking a publication order pursuant to s 121 of the Act.  A perusal of the terms of the orders sought in the Application in a Case clearly sets out the orders sought, and a perusal of the affidavit material relied upon by the applicant in support of the Application, being the affidavit filed at the same time the Application in a Case was filed and the affidavit read by leave today, provides a clear factual basis and foundation for such an application. 

2. It is clear, I consider, that the applicant has endeavoured to provide to the appropriate authorities all information within his possession to enable those authorities to execute a Recovery Order made earlier in the proceedings.  It is worrying to note the information contained within the supporting affidavit material to the effect that the father became aware, on or about 3 October 2014, that the mother had attempted to remove the children from the Commonwealth of Australia.  It is further concerning that the efforts of the relevant authorities, as may be gleaned from a perusal of the applicant’s affidavits, have thus far been unsuccessful in locating the children. 

3. The father’s evidence is clear in that he clearly and without equivocation asserts that he did not sign any application for a passport for the children and, further, did not authorise their departure from Australia – it is also clear from his affidavit material that the execution of the applications for passport is currently a matter under investigation by the appropriate authorities. 

4. A perusal of the Court record will reveal that, on 27 November 2014, the Principal Registrar made a Location Order and an Airport Watch Order and adjourned the remaining matters to the Judicial Duty List for hearing today. 

5. I accept the contents of the applicant’s affidavit to the effect that he has been informed by Police that considerable assistance would be gained if this Court were minded to make a Publication Order.  I have no doubt that all steps reasonably open should be taken to enable the relevant authorities to locate the children and to execute the Recovery Order to return them into the care of their father.

6. In the circumstances, I am satisfied that a Publication Order ought be made, and I make an Order in the usual form of such order.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Hogan delivered on 15 December 2014.

Associate:                 

Date:    15 December 2014