UZUNLAR & UZUNLAR

The parties in this matter were the wife and the husband, with the wife seeking urgent ex parte orders from the Family Court of Australia. The dispute concerned the wife's apprehension that the husband intended to remove the children from Australia and to dissipate matrimonial property. The wife also sought orders for the husband to vacate the former matrimonial home.

The court was required to determine whether to grant the wife leave to proceed ex parte and urgently, and whether to grant parenting orders restraining the husband from removing the children from Australia and placing them on the Airport Watch List. Additionally, the court had to consider property orders restraining the husband from dealing with matrimonial assets, including real estate and contents of a safety deposit box, and an order for the husband to vacate the former matrimonial home.

McClelland J granted leave for the matter to proceed ex parte and urgently, and permitted the wife to commence parenting proceedings without a Section 60I certificate. The court reasoned that the wife's fears regarding the removal of the children and the dissipation of assets were sufficiently established to warrant immediate intervention. The court applied principles relating to the protection of children and the preservation of matrimonial property in circumstances of apprehended risk.

The court made extensive orders, including restraining the father from removing the children from Australia and placing their names on the Airport Watch List. Property orders were made restraining the husband from dealing with specific real estate, a safety deposit box, and requiring him to vacate the matrimonial home within seven days of service of the orders. The matter was adjourned for mention on 2 December 2016, with liberty to apply granted to both parties.