MARLOWE & PAXTON

Case

[2015] FCCA 1052

24 April 2015


Details
AGLC Case Decision Date
MARLOWE & PAXTON [2015] FCCA 1052 [2015] FCCA 1052 24 April 2015

CaseChat Overview and Summary

In the matter of *Marlowe & Paxton*, heard by Judge Scarlett, the dispute concerned the welfare and location of a child, [X], born in 2007. The Applicant Mother sought the return of the child to her care, indicating a disagreement with the Respondent regarding the child's present circumstances.

The court was required to determine the immediate care arrangements for the child, [X], and to ensure the child's interests were independently represented. This involved considering the issuance of a Recovery Order and the appointment of an Independent Children's Lawyer.

Judge Scarlett ordered the Respondent to return the child to the Applicant Mother's care within three days. A Recovery Order was to be issued but held in abeyance. Crucially, the court directed that the child's interests be independently represented by a lawyer, requesting Legal Aid NSW to arrange this. The parties were also ordered to provide all relevant documents to Legal Aid NSW for the appointed lawyer's use. The Independent Children's Lawyer was granted leave to issue ten subpoenas without charge. The matter was adjourned for mention before Judge Altobelli, with the Applicant's costs reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Jurisdiction

  • Costs

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2