Grasso and Esplin and Anor

Case

[2015] FCCA 1527

27 May 2015


Details
AGLC Case Decision Date
Grasso and Esplin and Anor [2015] FCCA 1527 [2015] FCCA 1527 27 May 2015

CaseChat Overview and Summary

In *Grasso and Esplin and Anor*, heard before Judge Scarlett, the dispute concerned parental responsibility and the location of a child, X. The Applicant Mother sought orders regarding the child's living arrangements and parental responsibility, and also sought a recovery order.

The court was required to determine whether to grant the Applicant Mother sole parental responsibility for the child X, and whether the child should live with the Mother. A further issue was whether a recovery order should be issued under section 67Q of the *Family Law Act 1975* to locate and deliver the child to the Applicant.

Judge Scarlett ordered that the Applicant Mother have sole parental responsibility for the child X and that the child live with the Mother. Crucially, a recovery order was issued, directing the Marshal of the Federal Circuit Court, all officers of the Australian Federal Police, and all officers of State and Territory Police Forces to find and recover the child X and deliver the child to the Applicant. The order also authorised these officers to stop and search vehicles, vessels, or aircraft, and to enter and search premises where there was reasonable cause to believe the child might be found. The Independent Children’s Lawyer was granted liberty to apply on 48 hours' notice, and the application was adjourned for further mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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