Welldon & Welldon (No. 2)
Case
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[2007] FamCA 1479
•27 August 2007
Details
AGLC
Case
Decision Date
Welldon & Welldon (No. 2) [2007] FamCA 1479
[2007] FamCA 1479
27 August 2007
CaseChat Overview and Summary
In the matter of *Welldon & Welldon (No. 2)*, Ryan J of the Family Court of Australia considered an application by the father for permission to publish or broadcast a notice or report of proceedings concerning the recovery of a child. The dispute involved the recovery of a child, identified as J, born in December 1993, who had not yet been recovered pursuant to an order issued on 20 August 2007.
The primary legal issue before the court was whether to grant permission for the publication or broadcast of information relating to the child's recovery, and if so, what limitations should be imposed on such publication or broadcast. This involved balancing the need to facilitate the recovery of the child with the privacy considerations of the parties and the child.
Ryan J granted permission pursuant to section 121 of the *Family Law Act 1975* for the publication or broadcast of a notice or report, subject to strict limitations. These limitations included the child's full name, date of birth, photograph, the fact that a recovery order had been issued and remained unexecuted, the last known location of the child, and a request for information regarding his whereabouts. The court also stipulated that any such notice or report must direct information to the Australian Federal Police and that the Registry Manager was to urgently provide the orders to the Marshal for distribution to relevant police forces. The father's application in a case filed on 24 August 2007 was dismissed.
The primary legal issue before the court was whether to grant permission for the publication or broadcast of information relating to the child's recovery, and if so, what limitations should be imposed on such publication or broadcast. This involved balancing the need to facilitate the recovery of the child with the privacy considerations of the parties and the child.
Ryan J granted permission pursuant to section 121 of the *Family Law Act 1975* for the publication or broadcast of a notice or report, subject to strict limitations. These limitations included the child's full name, date of birth, photograph, the fact that a recovery order had been issued and remained unexecuted, the last known location of the child, and a request for information regarding his whereabouts. The court also stipulated that any such notice or report must direct information to the Australian Federal Police and that the Registry Manager was to urgently provide the orders to the Marshal for distribution to relevant police forces. The father's application in a case filed on 24 August 2007 was dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
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Stay of Proceedings
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