FATHER WHO LIVES IN THE U.S. WANTS RECOVER HIS SON DESPITE THE PANDEMIC
Belmont & Flores [2020] FCCA 3561 (21 December 2020)
This is an application for review of the registrar’s decision denying the father’s request to recover his son. The father resides in the United States of America while the child lives in Australia.
Facts:
This is an application to review a Registrar’s decision dismissing a recovery order filed by the father. The difficulty that surrounds this particular child is this: The father lives in the United States of America, while the child lives in Australia.
There is a pandemic worldwide that is affecting relationships and/or arrangements concerning children. The pandemic situation in the United States of America is well known to be horrific. There are thousands of people dying every day. The father says that he cannot spend time with the child in Australia because he would need to quarantine for two weeks prior to spending time, and the costs involved due to the necessity of arranging personal accommodation during the time that he spends with his child. Of course, if the child were to travel to the United States of America to spend time with his father, firstly, himself would be put at risk; Secondly, upon return, he would be required to enter into quarantine alone in Queensland for a period of two weeks.
Issue: Should the decision of the registrar be overturned?
Held:
In deciding whether to make a recovery order or not, it is the best interests of the child that is the paramount consideration. The court cannot see that it would be in this child’s best interests to travel to a country where there is a deadly pandemic running rife, nor would it be in his best interests to return to Australia and be placed in quarantine.
The father says that if the child were to return to the United States he would provide safety and arrangements for the child such that he would not be impacted by the Covid-19 pandemic. The court has read the father’s supporting affidavit and there is nothing contained within the affidavit, in the form of evidence or even comment that sets out the steps that the father would take.
Conclusion: The Application for Review of Registrar Decision is hereby dismissed.