GAINES & TEBBS (No.2)

In the matter of GAINES & TEBBS (No.2), heard before Judge Terry, the father sought to have two applications dismissed. The first application, filed on 22 July 2020, and the second, filed on 7 December 2020, both concerned the father's attempts to obtain a Location Order.

The central legal issue before the court was whether to dismiss the father's applications for a Location Order. Implicit in this was the court's obligation to consider the requirements of section 67L of the relevant legislation, which mandates that the court must be satisfied that making a Location Order is in the children's best interests.

Judge Terry dismissed both of the father's applications. The court noted that any future application for a Location Order would require careful consideration by the presiding Judge or Registrar of the reasons for the current decision and a prior decision dated 18 December 2018, in addition to satisfying the best interests test under section 67L.