Potter and Yugi

[2010] FamCA 1061

FAMILY COURT OF AUSTRALIA

POTTER & YUGI [2010] FamCA 1061

FAMILY LAW – CHILDREN – Application for Recovery Order – Father granted leave to proceed ex-parte – The child and mother to be placed on Airport Watch List

APPLICANT: Mr Potter

RESPONDENT: Ms Yugi

FILE NUMBER: SYC 3781 of 2009

DATE DELIVERED: 16 November 2010

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Barry J

HEARING DATE: 16 November 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT: The Applicant Father appearing in person

SOLICITOR FOR THE RESPONDENT: There being no appearance by the Respondent Mother

Orders

IT IS ORDERED UNTIL FURTHER ORDER THAT:

1. The Father be granted leave to proceed ex parte.

2. A Recovery Order issue addressed to the Marshal of the Family Court of Australia and to all Officers of the Australian Federal Police Force and to all Officers of the Police Forces of all the States and Territories of Australia.

3. Such persons are authorised and directed to find and recover the child, K born … July 2004, and for that purpose, with such assistance as they require to stop and search any vehicle vessel or aircraft and to enter and search any premises or place in which there is, at any time, reasonable cause to believe that the child may be found.

4. The child is to be delivered to the Father at …, New South Wales or to such other address as agreed to between the person executing the Recovery Order and the Father.

5. The Recovery order remains in force for a period of twelve (12) months.

IT IS FURTHER ORDERED UNTIL FURTHER ORDER THAT:

1. The Australian Federal Police place the names of the child, K POTTER born … July 2004 and the Mother, MS YUGI born … 1967 on the Airport Watch List at all points of international arrivals and departures in Australia for the purpose of preventing removal of the children from Australia in breach of these Orders. 

2. The Marshal and all Officers of the Australian Federal Police and the Police Forces of the States and Territories are requested and authorised to give effect to these Orders.

IT IS NOTED that publication of this judgment under the pseudonym Potter & Yugi is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 3781 of 2009

MR POTTER

Applicant

And

MS YUGI

Respondent

REASONS FOR JUDGMENT

1. It is normal protocol, if any litigant is communicating with the Court, that a copy is always forwarded to the other litigants or the other litigant’s legal representatives.  That has not been done.  On today’s date I have rectified that.

2. I have noted the respondent wife’s request for an adjournment.  I see no merit in the adjournment. 

3. There’s been a recovery order in place for 12 months issued by Johnston JR on 17 November 2009.  Those orders lapse after a period of 12 months.  The father seeks for the order to be renewed.  I propose to accede to his application.  I will direct a recovery order to issue.  Of course, the recovery order is really only relevant in the event that the child is within the jurisdiction of the Australian Courts.  At the present time that is not the case. 

   RECORDED  :  NOT TRANSCRIBED

4. I will renew the orders of Johnston JR, as he then was, of 17 November 2009 mutatis mutandis.  So simply extending the recovery order it will be in force for another 12 months.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Barry delivered on 16 November 2010.

Associate: 

Date:  16 November 2010