FEDERAL CIRCUIT COURT OF AUSTRALIA
| MANTLE & CURTIS | [2017] FCCA 856 |
| Catchwords: FAMILY LAW – Parenting – recovery order application which would result in children being removed from the mother’s primary care in Brisbane and placed with the father in (omitted) – serious allegations of risk but no recent evidence – matter transferred to Brisbane registry – Independent Children’s Lawyer appointed. |
| Legislation: Family Law Act 1975, s.100B |
| Cases cited: Redman & Redman [2014] FamCAFC 155 |
| Applicant: | MR MANTLE |
| Respondent: | MS CURTIS |
| File Number: | BRC 11205 of 2011 |
| Judgment of: | Judge Harland |
| Hearing date: | 21 April 2017 |
| Date of Last Submission: | 21 April 2017 |
| Delivered at: | Melbourne |
| Delivered on: | 21 April 2017 |
REPRESENTATION
| Counsel for the Applicant: | Ms Hession |
| Solicitors for the Applicant: | MIR Lawyers |
| The Respondent: | Self-represented |
ORDERS
The matter be transferred to the Brisbane Registry of the Federal Circuit Court of Australia with an adjourned date to be advised.
The father be granted leave to file an amended contravention application on or before 19 May 2017.
The children X born (omitted) 1999, Y born (omitted) 2008, and Z born (omitted) 2003 be represented in these proceedings and it is requested that Legal Aid Queensland arrange such representation, and that the Independent Children’s Lawyer be at liberty to peruse and/or take copies of all documents filed in these proceedings upon the making of an appointment to do so with the Registrar of the Federal Circuit Court of Australia at Brisbane.
AND THE COURT REQUESTS THAT:
The matter be listed in the Brisbane Registry as early as practicable.
IT IS NOTED that publication of this judgment under the pseudonym Mantle & Curtis is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
BRC 11205 of 2011
| MR MANTLE |
Applicant
And
| MS CURTIS |
Respondent
REASONS FOR JUDGMENT
These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.
This is an application by the father seeking issue of a recovery order of two children: Z born (omitted) 2003 (“Z”), and Y born (omitted) 2008 (“Y”). The effect of that order would be removing the children from their home in Brisbane and having them live with the father in (omitted) pending further orders of the Court.
It is necessary to set out the history of this matter. There were Court proceedings in Brisbane which ended in 2014 when property orders were made. There are also final parenting orders in place, which were made on 25 July 2013. The parties have four children. The oldest child, Ms H who is over the age of 18. The second-oldest child, X (“X”), will be 18 in a few weeks’ time. The application only concerns the younger two children.
The orders made on 25 July 2013 provided for the mother to have sole parental responsibility for the children subject to her being required…
Continue reading Mantle and Curtis
Sign in free to access the full text
- AGLC
- Mantle and Curtis [2017] FCCA 856
- Case
- [2017] FCCA 856
- Decision Date
CaseChat Overview and Summary
The court was required to determine several matters, including the appropriate registry for the proceedings, the ability of the father to file an amended contravention application, and the representation of the children. The court also considered the practicalities of listing the matter for future hearings.
Judge Harland ordered that the matter be transferred to the Brisbane Registry of the Federal Circuit Court of Australia, with an adjourned date to be advised. The father was granted leave to file an amended contravention application by 19 May 2017. Crucially, the court ordered that the children X, Y, and Z be represented in the proceedings, requesting Legal Aid Queensland to arrange such representation. The Independent Children’s Lawyer was granted liberty to access and copy all filed documents upon appointment with the Registrar in Brisbane. The court further requested that the matter be listed in the Brisbane Registry as early as practicable.
Orders
Orders of the court
1.
The matter be transferred to the Brisbane Registry of the Federal Circuit Court of Australia with an adjourned date to be advised.
2.
The father be granted leave to file an amended contravention application on or before 19 May 2017.
3.
The children X born (omitted) 1999, Y born (omitted) 2008, and Z born (omitted) 2003 be represented in these proceedings and it is requested that Legal Aid Queensland arrange such representation, and that the Independent Children’s Lawyer be at liberty to peruse and/or take copies of all documents filed in these proceedings upon the making of an appointment to do so with the Registrar of the Federal Circuit Court of Australia at Brisbane.
AND THE COURT REQUESTS THAT:
4.
The matter be listed in the Brisbane Registry as early as practicable.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.