Wenlack & Cimorelli

Case

[2019] FamCA 755

4 October 2019


Details
AGLC Case Decision Date
Wenlack & Cimorelli [2019] FamCA 755 [2019] FamCA 755 4 October 2019

CaseChat Overview and Summary

In the Family Court of Australia, Justice Hannam considered an application concerning the welfare of three children, E, D, and F. The dispute involved urgent measures to prevent the children from being removed from Australia and to facilitate their recovery and care arrangements.

The court was required to determine whether to issue orders restraining the removal of the children from Australia, to make a recovery order for the children, and to make interim orders regarding the children's living arrangements and parental responsibility. Additionally, the court considered whether to restrain the mother from taking steps to have the children returned to her care.

Justice Hannam made several orders, including restraining the parties and their agents from removing the children from Australia, requesting the Australian Federal Police to place the children's names on the Airport Watch List, and issuing a recovery order directing law enforcement officers to find and recover the children and deliver them to the father. The court also suspended previous final orders, ordered that the children live with the father and that he have sole parental responsibility, and restrained the mother from taking any steps to have the children returned to her care or contacting them. The matter was listed for further case management.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

Actions
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Cases Citing This Decision

4

CIMORELLI & WENLACK [2020] FamCA 615
Cases Cited

0

Statutory Material Cited

3