Denfert & Avron
Case
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[2009] FamCA 2
•13 January 2009
Details
AGLC
Case
Decision Date
Denfert & Avron [2009] FamCA 2
[2009] FamCA 2
13 January 2009
CaseChat Overview and Summary
The parties in this matter were the mother and the father, who were in dispute concerning their child. The proceedings were heard by Brown J in the Federal Magistrates Court of Australia.
The central legal issue before the court was the urgent production of the child to a specific location within the Commonwealth Law Courts building. The court was required to determine whether to make an order compelling the mother to produce the child and to prevent the child's subsequent removal from that location without further court authorisation.
Brown J ordered the mother to produce the child to the child-minding room on the fifth floor of the Commonwealth Law Courts building by 9:45 am on Friday, 23 January 2009. The court further ordered that the child was not to be removed from that room thereafter, except by further court order. The order stipulated that a sealed copy of this order was to be served on the mother at her address for service and also sent to her home address, which was her previous address for service.
The central legal issue before the court was the urgent production of the child to a specific location within the Commonwealth Law Courts building. The court was required to determine whether to make an order compelling the mother to produce the child and to prevent the child's subsequent removal from that location without further court authorisation.
Brown J ordered the mother to produce the child to the child-minding room on the fifth floor of the Commonwealth Law Courts building by 9:45 am on Friday, 23 January 2009. The court further ordered that the child was not to be removed from that room thereafter, except by further court order. The order stipulated that a sealed copy of this order was to be served on the mother at her address for service and also sent to her home address, which was her previous address for service.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Citations
Denfert & Avron [2009] FamCA 2
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