CARTER & GEARY

[2016] FamCA 90

FAMILY COURT OF AUSTRALIA

CARTER & GEARY [2016] FamCA 90

FAMILY LAW – PRACTICE & PROCEDURE – Where final parenting orders were made in November 2015 after the mother disengaged from the litigation and advised the Court she would not contest the proceedings – Where those orders provided for the child to move to live with the father and for him to have sole parental responsibility for her

FAMILY LAW – CHILDREN – Interlocutory Application – Where the child subsequently absconded from the father – Where the father sought a recovery order – Where the mother sought new interim orders for the child to live with her – Best interests – Where there was no dispute that the child has a meaningful relationship with both parents – Child’s wishes – Where the current circumstances were predicted and taken into account when the final orders were made and there is no valid reason for those orders to be disturbed – Parental Responsibility – Where the presumption of equal shared parental responsibility should not apply – Father to continue to have exclusive parental responsibility – Where the father’s application for a recovery order is granted – Where the mother’s interim application is dismissed

FAMILY LAW – PROPERTY – Where the mother sought to vacate the upcoming property settlement trial if her interim parenting application failed – Where the trial should not be vacated

Family Law Act 1975 (Cth), ss 60B, 60CA, 60CC, 61C, 61DA, 65AA, 65DAA, 65D, 75, 79, 79A

APPLICANT: Ms Carter

RESPONDENT: Mr Geary

FILE NUMBER: NCC 1148 of 2014

DATE DELIVERED: 8 February 2016

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Austin J

HEARING DATE: 8 February 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Rugendyke

SOLICITOR FOR THE APPLICANT: Attwaters

COUNSEL FOR THE RESPONDENT: Mr Levick

SOLICITOR FOR THE RESPONDENT: Braye Cragg Solicitors

Orders

1. This recovery order is addressed to the Marshal, all officers of the Australian Federal Police, and all officers of the State and Territory police services.

1. The persons to whom this recovery order is addressed are authorised and directed to find and recover B, born … 2003, and for that purpose, with such assistance as they may require, to stop and search any vehicle, vessel or aircraft, and to enter and search any premises or place in which there is or was reasonable cause to believe that the child may be found (including C Street, Suburb D, NSW).

2. Upon recovery, the child is to be delivered to the father, Mr Geary of E Street, Newcastle NSW.

3. These orders will remain in force for 1 month from the date of these orders.

1. Save as to costs:

a.The Application in a Case filed on 2 February 2016 is dismissed;

b.The application for interim orders contained within the Amended Initiating Application filed on 4 February 2016 is dismissed; and

c.Any and all outstanding applications for interims orders are dismissed.

1. The mother’s application for final parenting orders contained within the Amended Initiating Application filed on 4 February 2016 is…