FATHER SEEKS APPLICATION TO LOCATE HIS CHILD DESPITE NON-DISCLOSURE OF PAST OFFENSES IN HIS AFFIDAVIT
Parkin & Farrell [2020] FCCA 2260 (19 August 2020)
This case involves a father filling for an application for a Location Order to locate his child despite his non-disclosure of past family violence offenses
Facts:
Mr. Parkin (“the father”) filed an application for a Commonwealth Information Order pursuant to s.67N of the Family Law Act. In his affidavit, Father failed to disclose that he had been imprisoned for five years for family violence offences.
Issue: Should the court grant the father’s application for Commonwealth Information Order despite non-disclosure of past family violence offenses?
Law:
- S.67N (1) provides that the court can make a Commonwealth Information Order if it is satisfied that information about the child’s location is likely to be contained in, or to come into, the records of the Department or Commonwealth instrumentality concerned. The application is frequently made to obtain information from Centrelink to aid in service of documents.
- A Commonwealth Information Order is a species of Location Order and s.67L of the Family Law Act provides as follows:
In deciding whether to make a location order in relation to a child, a court must have regard to the best interests of the child as the paramount consideration.
Analysis: The court cannot rule out the possibility that making a Location Order would place the mother and child at risk of harm. It cannot be satisfied that it would be in the child’s best interests to make a Location Order and I intend to dismiss the father’s application for a Commonwealth Information Order.
Conclusion: Hence, the father’s application for a Commonwealth Information Order is dismissed.