Sheffield and Tomlin (No.2)
Case
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[2017] FCCA 183
•1 February 2017
Details
AGLC
Case
Decision Date
Sheffield and Tomlin (No.2) [2017] FCCA 183
[2017] FCCA 183
1 February 2017
CaseChat Overview and Summary
In the matter of Sheffield and Tomlin (No.2), Judge Harland of the Family Court of Australia considered an application concerning the welfare of three children, X, Y, and Z. The dispute involved the father, Mr Sheffield, seeking orders for the recovery and care of the children.
The court was required to determine whether to issue a Recovery Order under Section 67U of the *Family Law Act 1975* to locate and return two of the children, X and Z, to the father. Additionally, the court needed to decide on the interim living arrangements for all three children and whether to suspend previous orders made on 31 January 2017.
Judge Harland reasoned that the circumstances warranted the issuance of a Recovery Order, authorising the Marshal, Australian Federal Police, and State and Territory police forces to find and recover the children X and Z. The order permitted these officers to stop and search vehicles, vessels, or aircraft, and to enter and search premises where the children might be found, with the objective of delivering them to Mr Sheffield. The court also ordered that, until further order, the children X, Y, and Z were to live with the father. The father was directed to immediately notify the court upon the children's return.
The court was required to determine whether to issue a Recovery Order under Section 67U of the *Family Law Act 1975* to locate and return two of the children, X and Z, to the father. Additionally, the court needed to decide on the interim living arrangements for all three children and whether to suspend previous orders made on 31 January 2017.
Judge Harland reasoned that the circumstances warranted the issuance of a Recovery Order, authorising the Marshal, Australian Federal Police, and State and Territory police forces to find and recover the children X and Z. The order permitted these officers to stop and search vehicles, vessels, or aircraft, and to enter and search premises where the children might be found, with the objective of delivering them to Mr Sheffield. The court also ordered that, until further order, the children X, Y, and Z were to live with the father. The father was directed to immediately notify the court upon the children's return.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Injunction
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Remedies
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