Merritt & Bruckner (No 3)
[2022] FedCFamC1F 1066
Federal Circuit and Family Court of Australia
(DIVISION 1)
Merritt & Bruckner (No 3) [2022] FedCFamC1F 1066
File number(s): ADC 1267 of 2016 Judgment of: MEAD J Date of judgment: 19 December 2022 Catchwords: FAMILY LAW – CHILDREN – orders – enforcement of a recovery order. Division: Division 1 First Instance Number of paragraphs: 3 Date of hearing: 19 December 2022 Place: Adelaide Counsel for the Applicant: Litigant in person Counsel for the Respondent: Litigant in person Counsel for the Independent Children's Lawyer: Ms Lindsay Solicitor for the Independent Children's Lawyer: Shorter Legal Pty Ltd ORDERS
ADC 1267 of 2016 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR MERRITT
Applicant
AND: MS BRUCKNER
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
MEAD J
DATE OF ORDER:
19 DECEMBER 2022
THE COURT ORDERS THAT:
1.The mother be present on Tuesday, 20 December 2022 at 9:00am at EE Street, Suburb FF South Australia together with the children X born in 2012 and Y born in 2014.
2.The Australian Federal Police attend at the above residence on Tuesday, 20 December 2022 at 9:00am for the purpose of executing the Recovery Order made in these proceedings by Berman J on 27 October 2022.
3.Failure by the mother to comply with the terms of paragraph one (1) of this Order may result in a warrant issuing for her arrest.
4.The Chief Executive of the Department for Child Protection be excused from further attendance at these proceedings until further order.
5.Directions adjourned to 9:30am Wednesday, 21 December 2022 as a face to face hearing.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Merritt & Bruckner has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
This matter comes before me this morning for the very simple purpose of ensuring that a recovery order issued by his Honour Berman J on 27 October 2022 is able to be executed. Mr GG has helpfully attended from the Australian Federal Police this morning. He tells me that despite various attendances at EE Street, Suburb FF, South Australia, the mother and the children have not been at home.
His Honour Justice Berman handed down reasons in March of this year after a very protracted hearing with evidence from both parties and from various experts, providing for the children to reside with the father and for the father to have sole parental responsibility for the children, together with an extensive suite of orders providing for the children's time with their mother, their attendance at school, the mother's attendance or lack of attendance at school because of injunctive orders and the like. It is not necessary for me to set out those orders at this time.
The Australian Federal Police have not been able to execute the recovery order that was ordered by his Honour on 27 October 2022. I have now ordered that the mother be present at EE Street, Suburb FF, tomorrow morning at 9 am with the children. Mr GG of the Australian Federal Police advises the Court that the Australian Federal Police are able to be present at those premises tomorrow morning at 9 am. If the mother fails to comply with this order, there is a distinct likelihood that the Court will issue a warrant for her arrest.
I certify that the preceding three (3) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Mead. Associate:
Dated: 19 December 2022
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