Weaver and Winters

Case

[2015] FCCA 3495

15 October 2015


Details
AGLC Case Decision Date
Weaver and Winters [2015] FCCA 3495 [2015] FCCA 3495 15 October 2015

CaseChat Overview and Summary

In the matter of *Weaver and Winters*, heard before Judge Harman, the dispute concerned urgent interim orders relating to the parental responsibility and location of two children, X and Y. The application was brought by Ms Weaver, the mother, on an *ex parte* basis, meaning without the father, Mr Winters, being present or notified.

The court was required to determine whether it was appropriate to proceed with the application *ex parte*, and if so, to make interim orders regarding the children's living arrangements and parental responsibility. Additionally, the court considered the necessity of issuing a recovery order to locate the children and a personal protection order restraining the father from contacting the mother or the children.

Judge Harman was satisfied that proceeding *ex parte* was appropriate in the circumstances. The court made orders granting Ms Weaver sole parental responsibility for X and Y, and that the children live with her. A recovery order was issued under section 67Q of the *Family Law Act 1975* authorising law enforcement officers to find and recover the children. Furthermore, pursuant to section 68B of the *Family Law Act 1975*, Mr Winters was restrained from approaching or contacting Ms Weaver or the children by any means.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

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