Kusat and Chani

[2008] FamCA 12

FAMILY COURT OF AUSTRALIA

KUSAT & CHANI [2008] FamCA 12

FAMILY LAW – CHILDREN – RECOVERY ORDER – Order made for the Recovery of two small children on the discrete facts before the Court.

Family Law Act 1975 (Cth) (as amended)

APPLICANT: Ms Kusat

RESPONDENT: Mr Chani

FILE NUMBER: MLC 10 of 2008

DATE DELIVERED: 3 January 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Guest J

HEARING DATE: 3 January 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Small

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: No appearance

SOLICITOR FOR THE RESPONDENT:

Orders

1. That all times be abridged to allow this application to proceed this day.

2. That a Recovery Order do issue authorising and directing the Marshall, all officers of the Australian Federal Police and all officers of the police forces of all the States and Territories of the Commonwealth of Australia, with such assistance as may be required, and if necessary by force:

   2.1to find and recover the children … born … July 2004 and … born … February 2006 (“the children”);

   2.2to deliver the said children to the mother or her nominee forthwith at such address as the mother or her nominee and the person effecting such recovery agree to be appropriate; and

   2.3to 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 children may be found.

3. That until further order the mother have sole parental responsibility for the children.

4. That until further order the children live with the mother.

5. That until further order the time the children spend with the father be reserved.

6. That the father pay the mother’s costs of and incidental to this application.

7. That all extant applications be otherwise adjourned to the Judicial Duty List at 10.00 am on 24 January 2008.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Guest delivered this day will for all publication and reporting purposes be referred to as Kusat & Chani.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 10  of 2008

Ms Kusat

Applicant

And

Mr Chani

Respondent

REASONS FOR JUDGMENT

1. This matter comes before me in the Judicial Duty List of the Family Court of Australia and is brought by the mother filed on 2 January 2008.  By that Application, the mother seeks a Recovery Order in relation to two children, born in July 2004 and February 2006 respectively. 

2. The Application is plain in its form and is supported by a helpful Affidavit that, in my view, underscores in clear terms the necessity for making the Recovery Order in the discrete circumstances of the material before me.  I am very much aware of the associated costs and financial impositions attendant upon the making of such an order and the fact that the application is made without notice.  However, given the circumstances with which I am presented, I have no other reasonable course available to me.

3. What I propose to do is make orders in the terms of paragraphs 1, 2, 3, 4, 5 and 6 of the Interim Orders sought in the Initiating Application filed 2 January 2008.  My Associate will take out this order which will be faxed to the Federal Police.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Guest.

Associate: 

Date:  18 January 2008