Pieters & Westmore (No 4)

[2023] FedCFamC2F 1209

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Pieters & Westmore (No 4) [2023] FedCFamC2F 1209

File number(s):	DGC 2398 of 2022
Judgment of:	JUDGE O'SHANNESSY
Date of judgment:	8 September 2023
Catchwords:	FAMILY LAW – recovery order – recovery order for the purpose of the child absconding – child had absconded – cautious about assisting Child Protection – assist father enforce recent orders – police involvement – mother excused from being in court – department appearing amicus curiae – child to live with the father – a copy of orders be made available to the mother – outstanding applications dismissed – issue of contempt – urgent hearing – transcript ordered
Legislation	Family Law Act 1975 (Cth)
Division:	Division 2 Family Law
Number of paragraphs:	32
Date of hearing:	8 September 2023
Place:	Melbourne
Solicitor for the Applicant:	Pentana Stanton Lawyers
The Respondent:	No Appearance
Solicitor for the Independent Children's Lawyer:	Taft Lawyers

ORDERS

DGC 2398 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR PIETERS

Applicant

AND:

MS WESTMORE

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	JUDGE O'SHANNESSY
DATE OF ORDER:	8 SEPTEMBER 2023

THE COURT ORDERS THAT:

1.The rules of the court be dispensed with to permit the Father's affidavit filed 6 September 2023 to be treated as an application and as an affidavit.

2.Leave is granted to the Department of Families, Fairness and Housing to appear amicus curiae.

3.Pursuant to Section 67Q of the Family Law Act 1975 a Second Recovery Order issue authorising and directing the Marshal, all officers of the Australian Federal Police and all officers of the Police Forces of all States and Territories of the Commonwealth of Australia, with such assistance as may be required, and if necessary by force:

(a)to find and recover the child X born in 2013 ("X") and to deliver the child to the applicant Father at such place as the Father and the person effecting such recovery agree to be appropriate; and

(b)this second recovery order lie in the registry and to be issued in urgent circumstances and upon short notice if necessary upon advise to the court that X has absconded.

4.A copy of these orders and the reasons (when available) made this day be available to the Mother

5.All outstanding applications are otherwise dismissed.

6.A transcript of the oral evidence of the Father given this day be made and retained on the court file and be provided to the parties and their legal representatives.

7.The Father, the Independent Children's Lawyer and the Department of Families, Fairness and Housing have liberty to contact the chambers of Judge O'Shannessy via email ([e-mail]) or such other Judge available via email.

AND THE COURTS NOTES THAT

A.The Mother, Ms Westmore, requested and was excused attendance this day.

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)