Emmett and Emmett
Case
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[2007] FamCA 133
•6 February 2007
Details
AGLC
Case
Decision Date
Emmett and Emmett [2007] FamCA 133
[2007] FamCA 133
6 February 2007
CaseChat Overview and Summary
In *Emmett and Emmett*, heard by Jordan J, the proceedings concerned the welfare and living arrangements of three children, J, R, and A. The dispute involved orders sought by the Father regarding the children's residence and contact arrangements with the Mother, as well as the intervention of the Director-General of the Department of Child Safety.
The court was required to determine the primary residence of the children, the terms of contact for the Mother, and whether to issue a recovery order for the children. Additionally, the court considered the necessity of requesting the Director-General of the Department of Child Safety to intervene in the proceedings.
His Honour ordered that the children live with the Father until further order. A recovery order was issued, authorising and directing law enforcement officers to locate and recover the children, with powers to stop, search, and enter premises if there was reasonable cause to believe the children might be found. The recovery order was to remain in force for six months. The Mother was granted supervised contact at Relationships Australia, or such other contact as mutually agreed. Pursuant to section 91B of the *Family Law Act 1975*, the Director-General of the Department of Child Safety was requested to intervene, and the Registry Manager was directed to notify the Director-General and permit inspection of the court file. The matter was listed for a final hearing.
The court was required to determine the primary residence of the children, the terms of contact for the Mother, and whether to issue a recovery order for the children. Additionally, the court considered the necessity of requesting the Director-General of the Department of Child Safety to intervene in the proceedings.
His Honour ordered that the children live with the Father until further order. A recovery order was issued, authorising and directing law enforcement officers to locate and recover the children, with powers to stop, search, and enter premises if there was reasonable cause to believe the children might be found. The recovery order was to remain in force for six months. The Mother was granted supervised contact at Relationships Australia, or such other contact as mutually agreed. Pursuant to section 91B of the *Family Law Act 1975*, the Director-General of the Department of Child Safety was requested to intervene, and the Registry Manager was directed to notify the Director-General and permit inspection of the court file. The matter was listed for a final hearing.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Citations
Emmett and Emmett [2007] FamCA 133
Most Recent Citation
STEELE & STEELE
[2013] FamCA 407
Cases Cited
0
Statutory Material Cited
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