I am pleased to report that we were able to assist a young mother and her seven and a half year old daughter with a successful urgent ex parte injunction in the Supreme Court of Equity in NSW.
This was a case where a mother who does not have parental responsibility was about to return her daughter to the father within a few days. The mother did not want her daughter to receive the COVID-19 inoculation but the father was wanting to inject the child as soon as she was returned.
Many people are not aware but any person can phone up a Supreme Court registrar in any state or territory and request an urgent hearing. We have done this now on a few occasions, in one case we were able to get a hearing before a judge in the Victorian Supreme Court on a Sunday. All courts have emergency numbers and after hours contact information, you just need to be clear and to know that you have the right to access justice anytime.
I helped the mother get in contact with the court registrar who then put her in touch with the associate for Justice Kunc. In this instance the associate advised the mother to go to the family court (federal circuit court) registrar but when the mother tried that she could not possibly get up an injunction in time. She then returned to the associate and requested an urgent hearing before His Honour Justice Kunc.
I helped her with an application (albeit you can even get before a judge without paperwork in very urgent situations), this was a summons to the Supreme Court of Equity “Parens Patria” Jurisdiction requesting an urgent ex parte injunction. The matter was heard within one day and Justice Kunc granted the injunction to maintain the status quo as it was already Friday and the child was to be returned to the father that same day. His Honour did not invoke parens patriae choosing instead to send the mother to the federal circuit court that now has an urgent COVID-19 list for the many parents in this same situation.
He did however grant the injunction until the matter is determined in the federal circuit court allowing the mother the opportunity to run her argument in the family court without risk of her daughter being inoculated by the father, well not at least until the matter is finally determined.
I believe there would be many separated parents in this same situation and although this is not definitive it at least shows you that, with perseverance, there is a method in which you can protect your child and their are lawful actions you can take.
All You Need is Love
Caselaw link and judgment attached.