Tennant and Peters

Case

[2017] FCCA 1651

14 July 2017


Details
AGLC Case Decision Date
Tennant and Peters [2017] FCCA 1651 [2017] FCCA 1651 14 July 2017

CaseChat Overview and Summary

In the matter of *Tennant and Peters*, Chief Judge Pascoe of the Federal Circuit Court of Australia made orders concerning the children, X and Y. The dispute involved preventing the removal of the children from the Commonwealth of Australia.

The court was required to determine whether to issue orders restraining the removal of the children from Australia and to ensure their names were placed on an airport watch list. The court also considered the role of law enforcement agencies in enforcing such orders.

Chief Judge Pascoe ordered that until further order, the applicant, the respondent, and their agents were restrained from removing or attempting to remove the children from the Commonwealth of Australia. The Marshal of the Federal Circuit Court, officers of the Australian Federal Police, and officers of State and Territory police forces were requested to give effect to these orders. Furthermore, the Commissioner of the Australian Federal Police was directed to take steps to place the children's names on the PACE Alert system at all points of arrival and departure. These orders were to remain in place until each child reached the age of 18 years. There was no order made concerning the maternal grandfather.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

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