Tesluk and Gordon

Case

[2009] FamCA 952

10 September 2009


Details
AGLC Case Decision Date
Tesluk and Gordon [2009] FamCA 952 [2009] FamCA 952 10 September 2009

CaseChat Overview and Summary

In the matter of *Tesluk and Gordon*, Austin J of the Federal Circuit Court of Australia made orders concerning a child born in January 2008. The proceedings involved the applicant mother and the respondent father, Mr Gordon, and concerned the welfare and location of the child.

The court was required to determine the immediate living arrangements for the child, the means by which the child's location could be ascertained, and the measures necessary to ensure the child's safety and recovery. This included authorising law enforcement agencies to locate and recover the child, and to prevent the child's removal from Australia.

Austin J ordered that the child live with the applicant mother. A Commonwealth Information Order was made, directing the Secretary of Centrelink to provide information regarding payments made in respect of the child and/or the father, or any other person with whom the child might be located. This information was to be searched for regularly and disclosed to the applicant's legal advisor and process server. A recovery order was issued to law enforcement agencies, authorising them to find and recover the child, and to arrest the father if he again took possession of the child. The father was prohibited from removing the child and from applying for a passport for the child. Both parties were restrained from removing the child from Australia, and the Australian Federal Police were requested to place the child's name on the Airport Watch List.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Stay of Proceedings

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