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.
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
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
Actions
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Citations
Weaver and Winters [2015] FCCA 3495
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
6