HADFIELD & HARRIS

Case

[2017] FamCA 1170

14 July 2017


Details
AGLC Case Decision Date
HADFIELD & HARRIS [2017] FamCA 1170 [2017] FamCA 1170 14 July 2017

CaseChat Overview and Summary

In *Hadfield & Harris*, heard before Cronin J, the dispute concerned the welfare and immediate care of two children, X and Y. The mother sought orders for the children's release to her care and for injunctive relief against the father.

The court was required to determine whether to order the immediate release of the children to the mother, whether to grant an injunction restraining the father from retaining the children, and whether to request the intervention of the Department of Health and Human Services regarding the children's welfare. The court also considered the matter of costs.

Cronin J ordered the immediate release of the children X and Y to the mother from the child minding centre. The court further made an order pursuant to s 91B of the *Family Law Act 1975* (Cth) requesting the intervention of the appropriate officer of the Department of Health and Human Services for the State of Victoria concerning the children's welfare. An injunction was granted restraining the father from retaining the children upon their attendance upon him, requiring him to immediately return them to the mother. The father was also ordered to pay the mother's costs fixed at $3500, with a stay of one month for payment.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Stay of Proceedings

  • Remedies

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