Vale and Vale (No 4)

[2016] FamCA 895

FAMILY COURT OF AUSTRALIA

VALE & VALE (NO 4) [2016] FamCA 895

FAMILY LAW – PRACTICE AND PROCEDURE – Adjournments – Where mother’s oral application to adjourn the hearing of the father’s recovery order is dismissed – where the court was not persuaded that the interests of justice weighed in favour of an adjournment

FAMILY LAW – CHILDREN – Recovery order – where recovery order issued – where recovery order remains in force for twelve months – where it is in the child’s best interests to return into the father’s care

Family Law Act 1975 (Cth) ss 60CC, 67U, 67V

Vale & Vale [2016] FamCA 626

APPLICANT: Mr Vale

RESPONDENT:	Ms Vale
FILE NUMBER:	SYC	7455	of		2012

DATE DELIVERED: 25 October 2016

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Tree J

HEARING DATE: 20 October 2016

REPRESENTATION

SOLICITORS FOR THE APPLICANT: G & D Lawyers

THE RESPONDENT: In person

Orders

1. The Respondent mother’s oral application to adjourn the hearing of the father’s application for a recovery order is dismissed.

2. A Recovery Order issue addressed to the Marshal of the Family Court of Australia and to all Officers of the Australian Federal Police Force and to all Officers of the Police Forces of all the States and Territories of Australia, save that that order lie in chambers until 4:00pm Friday 21 October 2016.

3. Such persons are authorised and directed to find and recover the child, B (a female) born … 2001 and for that purpose, with such assistance as they require to stop and search any vehicle vessel or aircraft and to enter and search any premises or place in which there is, at any time, reasonable cause to believe that the child/children may be found.

4. The child is to be delivered to the Applicant, Mr Vale, at an address provided by his solicitor in writing or as agreed to between the person executing the Recovery Order and the Applicant.

5. The Recovery order remains in force for a period of twelve months.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Vale & Vale has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: SYC7455/2012

Mr Vale

Applicant

And

Ms Vale

Respondent

REASONS FOR JUDGMENT

introduction  

1. On 20 October 2016, I made a Recovery Order in relation to B (born in 2001 and hence presently 15 years of age) (“the child”).  Earlier on that day, I had dismissed an application by Ms Vale (“the mother”) to adjourn the hearing of the application for a Recovery Order, which was brought by Mr Vale (“the father”).

2. These are my reasons for refusing to grant the adjournment, and for making the recovery order.

BACKGROUND FACTS

1. The parties have two children: The oldest is the child the subject of this application; the other child is C, who is presently 12 years of age, and lives with the father. 

2. In Vale &…