Wilde and Foster (No 2)

Case

[2018] FamCA 956

31 October 2018


Details
AGLC Case Decision Date
Wilde and Foster (No 2) [2018] FamCA 956 [2018] FamCA 956 31 October 2018

CaseChat Overview and Summary

In *Wilde and Foster (No 2)*, McClelland J of the Family Court of Australia considered an application by the Applicant father, Mr Wilde, for urgent orders concerning his child, Y. The dispute involved the recovery of the child, who was born in 2017.

The court was required to determine whether to grant the Applicant leave for short service and substituted service of his application, and whether to permit him to proceed ex parte. Crucially, the court also had to consider whether to issue a recovery order for the child pursuant to section 67U of the *Family Law Act 1975* (Cth).

McClelland J granted leave for short service and substituted service of the application to the Respondent mother's email address. The court also granted leave for the Applicant to proceed ex parte. In light of the circumstances, a recovery order was issued, directing the Marshal of the Family Court, all officers of the Australian Federal Police, and all officers of State and Territory Police Forces to locate and recover the child, Y, and return the child to the Applicant father. The recovery order included broad powers for officers to stop, search, and enter premises if there was reasonable cause to believe the child might be found. The matter was adjourned for further directions.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

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