Carey and McStevenson (No 2)

Case

[2012] FamCA 582

25 July 2012


Details
AGLC Case Decision Date
CAREY & MCSTEVENSON (NO. 2) [2012] FamCA 582 [2012] FamCA 582 25 July 2012

CaseChat Overview and Summary

In *Carey and McStevenson (No 2)*, Kent J of the Family Court of Australia considered an application by the Applicant Mother for a recovery order concerning her child, K. The dispute involved the recovery of the child, who was born in June 2008.

The court was required to determine whether to grant the Applicant Mother leave to proceed ex parte, and if so, whether to issue a recovery order for the child. The recovery order would authorise specified law enforcement officers to locate and retrieve the child.

Kent J granted the Applicant Mother leave to proceed ex parte, recognising the urgency and circumstances of the application. A recovery order was issued, directing the Marshal of the Family Court, officers of the Australian Federal Police, and officers of all State and Territory police forces to find and recover the child. These officers were authorised to stop and search any vehicle, vessel, or aircraft, and to enter and search any premises or place where there was reasonable cause to believe the child might be found. The child was to be delivered to the Applicant Mother at a specified address in Queensland, or another agreed location. The recovery order was to remain in force for a period of twelve months.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Limitation Periods

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