Potter and Yugi

Case

[2010] FamCA 1061

16 November 2010


Details
AGLC Case Decision Date
Potter and Yugi [2010] FamCA 1061 [2010] FamCA 1061 16 November 2010

CaseChat Overview and Summary

In the matter of *Potter and Yugi*, Barry J of the Family Court of Australia considered an application by the Father for orders concerning the recovery of a child, K, born in July 2004. The dispute involved the Father seeking to locate and recover K, with the court granting the Father leave to proceed *ex parte*, indicating that the Mother, Ms Yugi, was not present or represented at the hearing.

The central legal issues before the court were whether to grant a Recovery Order for the child K and whether to place the child and the Mother on the Airport Watch List to prevent international removal. The court was required to determine the appropriate measures to ensure the child's recovery and to safeguard against any breach of its orders concerning the child's location.

Barry J reasoned that the circumstances warranted the issuance of a Recovery Order, authorising and directing the Marshal of the Family Court, officers of the Australian Federal Police, and officers of state and territory police forces to locate and recover the child. This authorisation included the power to stop and search vehicles, vessels, or aircraft, and to enter and search premises where there was reasonable cause to believe the child might be found. The court further ordered that the child be delivered to the Father and that the Recovery Order remain in force for twelve months. Additionally, the court directed the Australian Federal Police to place the child and the Mother on the Airport Watch List to prevent the child's removal from Australia.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Injunction

  • Procedural Fairness

  • Limitation Periods

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0