Carey and McStevenson (No 2)

[2012] FamCA 582

FAMILY COURT OF AUSTRALIA

CAREY & MCSTEVENSON (NO. 2) [2012] FamCA 582

FAMILY LAW - CHILD ABDUCTION - Recovery Order - Where the Applicant Mother deposes that the Father has removed without the Mother’s knowledge or consent the third of the four subject children from daycare - Where a recovery Order was made for the eldest two children this morning - Where the Mother deposes that the most recently removed child has a serious health condition for which the Father does not, to her knowledge, have medication

APPLICANT: Mr Carey

RESPONDENT: Mr McStevenson

FILE NUMBER: TVC 1188 of 2011

DATE DELIVERED: 25 July 2012

PLACE DELIVERED: Townsville

PLACE HEARD: Townsville

JUDGMENT OF: Kent J

HEARING DATE: 25 July 2012

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Groves & Clark

Orders

1. The Applicant Mother be granted leave to proceed ex parte.

2. A Recovery Order issue addressed to the Marshal of the Family Court of Australia and to all Officers of the Australian Federal Police Force and to all Officers of the Police Forces of all the States and Territories of Australia.

3. Such persons are authorised and directed to find and recover the child, K (a female), born … June 2008, and for that purpose, with such assistance as they require to stop and search any vehicle vessel or aircraft and to enter and search any premises or place in which there is, at any time, reasonable cause to believe that the child may be found.
   
   

4. The child is to be delivered to the Applicant Mother, Ms Carey, at Property A, in the State of Queensland or to such other address as agreed to between the person executing the Recovery Order and the Applicant Mother.

5. The Recovery order remains in force for a period of twelve months.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Carey & McStevenson has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT TOWNSVILLE

FILE NUMBER: TVC 1188 of 2011

Ms Carey

Applicant

And

Mr McStevenson

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. In this matter, the present application concerns K, born in June 2008, currently aged four years of age.

2. When the proceedings came before me this morning, I made a number of Orders, including a recovery Order with respect to the two older children in this matter, C and L.

3. The affidavit of the Mother confirms that this afternoon, the Father removed K from the Daycare Centre that K attends. The affidavit of the Mother, in combination with her earlier affidavit filed in this morning’s proceedings, confirms that K has chronic lung disease requiring treatment with antibiotics and other medication. K was diagnosed as of last night with an upper respiratory infection and, so far as the Mother is aware, the Father does not have either medication. Left untreated, that infection has potentially serious consequences for K’s health.

4. On that basis, together with the reasons delivered this morning, I order that a recovery Order with respect to K, born in June 2008, be made, and I so order.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 25 July 2012.

Associate: 

Date:  26 July 2012