Pollard & Nordberg

The case of Pollard & Nordberg concerned a dispute between a de facto couple regarding their three children, two of whom were biologically theirs and the eldest having a different biological father. The mother had removed the children from Victoria to New South Wales without the father's knowledge or agreement. The father subsequently obtained a recovery order from a Magistrates Court in Victoria. The mother contended that family violence had compelled her departure and sought refuge with her family in New South Wales.

The court was required to determine several legal issues, including the proper approach to contested evidence, particularly concerning allegations of family violence, when dealing with interim parenting applications. It also considered the validity of a recovery warrant issued by the Magistrates Court after the proceeding had been transferred to the Federal Circuit Court, and the desirability of making interim relocation orders in circumstances where evidence was incomplete. The court also had to review the mother's appeal under s 96(4) of the relevant legislation.

Justice Wilson found that the recovery order made by the Magistrates Court was a nullity, as it had been issued after the proceeding had been transferred to the Federal Circuit Court. The court conducted a de novo hearing of the appeal and reviewed extensive authorities. It concluded that better evidence was required regarding the best interests of the children before an interim relocation order could be made.

Consequently, the father's application for a recovery order was dismissed. The mother's application for a relocation order was adjourned for further hearing before Judge Burchardt. Until that hearing, the mother was granted sole parental responsibility, the children were to live with her, and the father was to have supervised time with the children in New South Wales, with provisions for telephone or Skype contact in default of agreement.