Surry and Surry
Case
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[2018] FamCA 948
•7 November 2018
Details
AGLC
Case
Decision Date
Surry and Surry [2018] FamCA 948
[2018] FamCA 948
7 November 2018
CaseChat Overview and Summary
In the matter of *Surry and Surry*, Baumann J of the Federal Circuit Court of Australia re-opened proceedings concerning the children X and Y. The father had applied orally for this re-opening due to recent events.
The court was required to determine the living arrangements for the children, whether therapeutic counselling was appropriate, and their immediate schooling. Crucially, the court also had to consider whether to issue an injunction restraining the mother's contact with the children and her attempts to remove them, and whether a Recovery Order was necessary to locate and return the children to the father's care.
Baumann J ordered that the children live with the father and be permitted to engage a psychologist for therapeutic counselling. The children were also to immediately attend a specific school. The mother was restrained from contacting the children electronically unless facilitated by the father and from seeking to contact or remove the children from the father's care or school. A Recovery Order was issued, authorising law enforcement to find and recover the children and deliver them to the father, remaining in force for one month. The mother was further restrained from removing or attempting to remove the children from the father's care until further order. The mother was directed to file and serve a Response to the father's application, and the matter was adjourned.
The court was required to determine the living arrangements for the children, whether therapeutic counselling was appropriate, and their immediate schooling. Crucially, the court also had to consider whether to issue an injunction restraining the mother's contact with the children and her attempts to remove them, and whether a Recovery Order was necessary to locate and return the children to the father's care.
Baumann J ordered that the children live with the father and be permitted to engage a psychologist for therapeutic counselling. The children were also to immediately attend a specific school. The mother was restrained from contacting the children electronically unless facilitated by the father and from seeking to contact or remove the children from the father's care or school. A Recovery Order was issued, authorising law enforcement to find and recover the children and deliver them to the father, remaining in force for one month. The mother was further restrained from removing or attempting to remove the children from the father's care until further order. The mother was directed to file and serve a Response to the father's application, and the matter was adjourned.
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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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
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Appeal
Actions
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Citations
Surry and Surry [2018] FamCA 948
Most Recent Citation
SURRY & SURRY [2019] FamCA 661
Cases Cited
0
Statutory Material Cited
3