CALLAHAN & CALLAHAN

Case

[2013] FCCA 2347

24 December 2013


Details
AGLC Case Decision Date
CALLAHAN & CALLAHAN [2013] FCCA 2347 [2013] FCCA 2347 24 December 2013

CaseChat Overview and Summary

This matter came before Judge Scarlett concerning an application by the Applicant mother for orders relating to the recovery of the child, X. The dispute involved the Respondent father and the urgent need to locate and return the child to the Applicant.

The court was required to determine whether to issue a Recovery Order under section 67Q of the *Family Law Act 1975* for the child X. Additionally, the court considered the necessity of authorising law enforcement officers to take steps to find and recover the child, including the power to search vehicles, vessels, aircraft, premises, and places. The court also addressed the authority to arrest the Respondent father without warrant if he took possession of the child in contravention of existing orders.

Judge Scarlett ordered that a Recovery Order under section 67Q of the *Family Law Act 1975* be issued for the child X. The court further directed and authorised the Marshal, Deputy Marshal, and officers of the Australian Federal Police and State and Territory Police Forces to take all necessary steps to find and recover the child, including searching specified locations and vehicles, and delivering the child to the Applicant mother. The court also granted authority to arrest the Respondent father without warrant if he took possession of the child in contravention of prior orders. The Recovery Order was to lie in office until further order, with liberty to apply on one hour's notice.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Injunction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106