Carey and McStevenson

In the Family Court of Australia, Kent J considered an application by Ms Carey, the Mother, against Mr McStevenson, the Father, concerning their children, C and L. The dispute involved urgent ex parte proceedings initiated by the Mother, seeking leave to proceed, abridgement of time for service, and a Recovery Order for the children. The Court also made orders concerning the children's contact with the Father and the appointment of an Independent Children's Lawyer.

The primary legal issues before the Court were whether to grant the Mother leave to proceed on an urgent ex parte basis, abridge the time for service of her application and affidavit, and issue a Recovery Order for the children. Additionally, the Court was required to determine the terms of interim orders regarding contact between the Father and the children, the setting aside of a previous consent order, and the appointment and role of an Independent Children's Lawyer to represent the interests of the children, C, L, K, and D.

Kent J reasoned that the circumstances warranted urgent ex parte relief, including the abridgement of time for service and the issuance of a Recovery Order. This was evidenced by the specific directions authorising and directing the Marshal of the Family Court, Australian Federal Police, and State and Territory Police Forces to locate and recover the children. The Court also made significant interim orders, prohibiting the Father from contacting the Mother or the children directly or indirectly, and from attending near their residences, workplaces, or schools. Furthermore, the Court set aside a previous consent order made on 14 November 2011 and ordered that the interests of the four children be independently represented by a lawyer, requesting Legal Aid Queensland to make arrangements for this appointment.

The Court ordered that the Mother be granted leave to proceed on an urgent ex parte basis and abridged the time for service of her application and affidavit. A Recovery Order was issued, authorising specified persons to find and recover the children and deliver them to the Mother, remaining in force for twelve months. Interim orders were made prohibiting contact between the Father and the children, setting aside the previous consent order, and appointing an Independent Children's Lawyer for the children. The proceedings were adjourned to a date to be fixed, with liberty to apply on seven days' written notice.