Kalleas & Vidal [2025] FedCFamC1F 242 (27 March 2025)

1. Each of Mr Kalleas born in 1983 and Ms Vidal born in 1983 and their servants and agents be and are restrained from removing or attempting to remove or causing or permitting the removal of X born in 2015 (female) from the Commonwealth of Australia.
2. X born in 2015 (female) be and is hereby restrained from leaving the Commonwealth of Australia.
3. It is requested that the Australian Federal Police give effect to the preceding 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 X's name on the Family Law Watchlist for a period of two years.
4. Upon expiration of the period referred to in Order 9 and subject to any further order of a court of competent jurisdiction, the Australian Federal Police will cause the removal of X's name from the Family Law Watchlist.
5. The Independent Children's Lawyer serve a copy of these Orders on the Australian Federal Police forthwith.

1. UPON NOTING that the requirements of s 102NA(2) of the Family Law Act 1975 (Cth) will apply to any cross-examination occurring in these proceedings on or after 11 September 2019, neither party may cross-examine the other party personally and any cross-examination must be conducted by a legal practitioner acting on behalf of the other party.
2. Within seven days of the date of these Orders, the Respondent shall complete the "Scheme Application Form" and provide to Legal Aid NSW (...@...) for the allocation of a legal practitioner.

1. The Mother and the child are currently outside of Australia, and it is requested that the Australian Federal Police notify the Father and the Independent Children's Lawyer should the child return to the Commonwealth of Australia.
2. Should the Mother fail to return the child to the Commonwealth of Australia and/or fail to file her Response in accordance with these Orders, the Father will seek a listing of the matter for an undefended hearing.

1. The Mother may wish to contact the cross-examination scheme under s 102NA prior to the listing of the matter and the email address for that service is ...@....

1. The Mother may wish to contact the Family Advocacy and Support Services at ...@... for assistance.

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

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. This is an application in a case filed by the father on 25 February 2025 with respect to the child of the parties, X, known as B, born in 2015.
2. These are short form reasons which are made in support of orders ex parte of the mother. It appears from the father's enquiries that the mother, without his knowledge, has left Australia with the child. On 5 October 2021, an order made placing the child on the watch list for a period of two years. No steps were taken to renew that order after it expired.
3. The matter was listed for final hearing by me on 8 October 2024.
4. The father was contacted by the child's school in February 2025. B had not attended for the current school term, they had attempted to contact the mother, and there was no response. Enquiries were being about what was happening for B. The father, after receiving that call, contacted his solicitor and New South Wales Police.
5. He was advised by New South Wales Police in February 2025 that police had attended the mother's address. It appeared somebody else had been renting the premises for about two months. The police officer advised they contacted Australian Border Force, who confirmed that the mother and child had left the country.
6. The father has taken steps to contact the mother, and various relatives of hers, to find out where she and the child are. The mother's previous solicitor filed a notice of ceasing to act, which was served on the father's solicitors on 13 February 2025. The father has sent emails and text messages to the mother's parents asking for information. He has not received any response from the mother or any of her family members.
7. The application sought a variety of orders. I have been provided with a minute of orders sought for today's purposes. Those are for the father to be able to proceed on an ex parte basis, an order pursuant to 67N so that he can be given information about the departure, such as where the mother and child were going according to their departure records, and whether they were accompanied by anyone else, an order the mother return the child to the Commonwealth of Australia, and the child's name be returned to the airport watch list. Order 6 seeks an order that the father be entitled to use all filed material, orders, reports, subpoenaed materials, information sharing material to provide to any court or legal representative in order to obtain family law orders for the child outside the Commonwealth of Australia.
8. Otherwise, he seeks that the final hearing dates be vacated and that the matter be listed for hearing of an interim application with respect to the child. He seeks an order permitting service on the mother electronically of the application and affidavit. I also propose making directions for the mother to file a response to that material, and notations with respect to contact details for various services.
9. The ICL has suggested that a 102NA order be made today. I note that there were previous criminal proceedings against the father, with no conviction. There are serious allegations made by the mother against the father. The use of the 102NA scheme by the mother on the material that I have seen would appear to be warranted and, may assist her to return to deal with the proceedings in Australia.
10. The orders sought with respect to providing all materials, subpoenaed material and information sharing material is not an order I am inclined to make today. The reasons for that are that some of that material is material provided by Department of Communities and Justice and New South Wales Police. Those documents are provided to the Court on particular terms. To make an order that allows the documents to be released for any purpose, and seemingly anywhere in the world, is too broad. It is a matter that can be determined on the next occasion. The father can be specific about the particular documents, and what his plan in terms of any proceedings overseas. I assume that he requires further information about where the mother is before he can provide that detail.
11. I am satisfied on the basis of the material that has been provided by the father that it is appropriate in this child's interests for orders to be made as I propose making today, which is largely to obtain information about where the child has been taken, and encourage the mother to return the child to Australia. I will list the matter for further mention to determine the future conduct of the matter, depending on whether the mother returns to the country.
12. I propose retaining the 5 May date, which was the first of the four day defended hearing dates allocated on 8 October 2024. It is a date that the mother is aware of. She could arrange legal representation through the 102NA scheme, or Legal Aid to provide her with assistance that day. I will also make directions for her to her file material, to allow for that timetable. It is to be hoped this will encourage the mother to return the child to Australia, and for the father to have information about where the child is, and what is happening for her.

I certify that the preceding twelve (12) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Boyle.