FEDERAL CIRCUIT COURT OF AUSTRALIA
| HEDLUND & HEDLUND (No.2) | [2020] FCCA 2781 |
| Catchwords: FAMILY LAW – Parenting – Recovery Order – following final hearing – autistic child with intellectual disability and very challenging behavioural issues – child has history of assaulting mother and absconding to father’s house – final orders for child to live with mother and have no time and no communication with father – findings that child assaulting mother and absconding at father’s encouragement – child absconds to paternal grandparents house – paternal grandparents not parties and willing to facilitate child’s return to mother – mother does not wish to enter paternal grandparent’s property because of prior conflict – child will not leave paternal grandparents voluntarily – police will not remove child without Recovery Order – father appeared self-represented and, in effect, sought a stay of final orders and a return of the child to him – relied upon trauma implicit in recovery – no basis for stay – best interests of child to return to live with mother per final orders: Held: Stay refused and Recovery Order entered. |
| Legislation: Family Law Act 1975 (Cth), ss.67Q, 69ZL, 60CA, 65AA, 60CC, 64B, 65D, 68B, 68C, Part VII, Division 5, Division 8, Subdivision C Evidence Act 1995 (Cth), s.79 |
| Cases cited: Radar & Radar and Ors [2019] FamCAFC 227 Sheldon & Weir (No. 4) [2010] FamCA 1214 |
| Applicant: | MS HEDLUND |
| Respondent: | MR HEDLUND |
| File Number: | SYC 2529 of 2017 |
| Judgment of: | Judge B Smith |
| Hearing date: | 7 October 2020 |
| Date of Last Submission: | 7 October 2020 |
| Delivered at: | Sydney |
| Delivered on: | 7 October 2020 |
REPRESENTATION
| Solicitors for the Applicant: | Ms McDermott |
| Solicitors for the Respondent: | Mr Hedlund in person |
ORDERS
The matter be heard on an urgent basis.
Leave be granted to serve short notice of this application.
Pursuant to section 67Q of the Family Law Act1975 a recovery order issue directed to the Marshal of the Federal Circuit Court, all officers of the Australian Federal Police and all officers of the Police Forces of all the States and Territories of Australia requiring them to find and recover the child X born in 2011 and to return the said child to the applicant and for that purpose to stop and search any vehicle, vessel or aircraft and to enter and search any premises or place in which there is at any time reasonable cause to believe that the said child may be found.
AND THE COURT NOTES THAT:
These orders were made on an urgent basis with brief ex tempore reasons delivered to underpin the Orders.
The Australian Federal Police and Officers of the States and Territories Police Forces are requested to give the applicant such assistance as she may reasonably require when the order is served on the respondent.
IT IS NOTED that publication of this judgment under the pseudonym Hedlund & Hedlund (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYC 2529 of 2017
| MS… |
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- AGLC
- HEDLUND & HEDLUND (No.2) [2020] FCCA 2781
- Case
- [2020] FCCA 2781
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether to grant a recovery order for the child X. This involved determining whether the circumstances warranted the extraordinary measure of a recovery order, particularly in light of the existing final parenting orders and the father's application for a stay. The Court also had to consider the best interests of the child in deciding whether to grant the recovery order and refuse the stay.
The Court reasoned that there was no basis to grant a stay of the final orders, as the father's application lacked merit. The Court found that the best interests of the child required the child to return to live with the mother, as stipulated in the final orders. Consequently, the Court refused the father's application for a stay and issued a recovery order pursuant to section 67Q of the *Family Law Act 1975*. The recovery order directed the Marshal of the Federal Circuit Court, officers of the Australian Federal Police, and officers of State and Territory Police Forces to find and recover the child and return the child to the applicant mother. The Court noted that these orders were made on an urgent basis with brief ex tempore reasons.
Orders
Orders of the court
1.
The matter be heard on an urgent basis.
2.
Leave be granted to serve short notice of this application.
3.
Pursuant to section 67Q of the Family Law Act 1975 a recovery order issue directed to the Marshal of the Federal Circuit Court, all officers of the Australian Federal Police and all officers of the Police Forces of all the States and Territories of Australia requiring them to find and recover the child X born in 2011 and to return the said child to the applicant and for that purpose to stop and search any vehicle, vessel or aircraft and to enter and search any premises or place in which there is at any time reasonable cause to believe that the said child may be found.
AND THE COURT NOTES THAT:
4.
These orders were made on an urgent basis with brief ex tempore reasons delivered to underpin the Orders.
5.
The Australian Federal Police and Officers of the States and Territories Police Forces are requested to give the applicant such assistance as she may reasonably require when the order is served on the respondent.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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