Anson & Wilder

Case

[2009] FamCA 158

27 February 2009


Details
AGLC Case Decision Date
Anson & Wilder [2009] FamCA 158 [2009] FamCA 158 27 February 2009

CaseChat Overview and Summary

In the matter of Anson & Wilder, Cronin J of the Family Court of Australia made orders concerning the recovery of two children, T and D. The dispute involved the father seeking the return of the children, who were in the mother's possession, pursuant to existing Family Court orders granting him contact.

The court was required to determine whether to issue a recovery order for the children and to establish the terms and timing of their return. Additionally, the court considered the separate representation of the children by an Independent Children’s Lawyer and the provision of relevant documents to that lawyer.

Cronin J applied section 67U of the *Family Law Act 1975* to authorise the recovery of the children by law enforcement officers. The court ordered the mother to return the children to the father by a specified date and time. A stay was placed on the immediate issuing of the recovery order, which would be lifted if the children were not returned as directed. The court also ordered separate representation for the children and directed the parties to provide all relevant documents to the appointed Independent Children’s Lawyer. The reasons for judgment were to be transcribed and made available.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Stay of Proceedings

  • Remedies

  • Procedural Fairness

  • Discovery

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