WOLTER & WOLTER

FAMILY COURT OF AUSTRALIA

WOLTER & WOLTER [2015] FamCA 338

FAMILY LAW – PARENTING – RECOVERY ORDER – where order made with warrant to issue if child not returned – where child not returned – where appropriate for warrant to issue – orders made accordingly.

FAMILY LAW – ENFORCEMENT – where previous order for security for costs – where costs assessed in specific sums – where application for costs to be paid out of security sum – orders accordingly - no orders for costs.

FAMILY LAW – PRACTICE AND PROCEDURE – where application in a case filed – where no application for final orders pending – where application seeks orders varying final parenting orders, orders varying final property orders and alleges various contraventions – where orders set out in application poor in form and nonsensical – where applicant proposes to file proper application commencing proceedings – where appropriate to dismiss application in a case – application in a case struck out and dismissed.

Family Law Act 1975 (Cth) ss 67U, 67V, 79, 117(2A)

APPLICANT: Ms Wolter

RESPONDENT: Mr Wolter

FILE NUMBER: SYC 5747 of 2009

DATE DELIVERED: 30 April 2015

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Foster J

HEARING DATE: 30 April 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Watkins

SOLICITOR FOR THE APPLICANT: Shipton & Associates Solicitors

COUNSEL FOR THE RESPONDENT: In Person

Orders

As to the Application in a Case filed on 24 February 2015:

1. The recovery order made on 21 April 2015 issue forthwith for a period of 12 months.

2. So as to facilitate the implementation of the recovery order, the Father be restrained from attending at, upon or near the school premises attended by all three children except for the purposes of implementing changeovers as provided for in orders made on 21 December 2012.

3. The above order is an order made for the protection of the children pursuant to section 68B of the Act to which a power of arrest without warrant will attach pursuant to the provisions of 68C of the Act.

4. In the event that the Associate in Chambers is notified by the Mother’s legal representative that the subject child has been returned to her care at the close of the school day today, and notwithstanding the recovery order has issued a request will be made for the recovery order in those circumstances not to be executed except in circumstances where the Father again retains the child or children contrary to the provisions of the orders made on 21 December 2012.

5. The Mother’s costs of this application are reserved and in the event of any application for costs the Mother file and serve any written submissions within one month from today’s date and that the Respondent Father file and serve any written submissions in response within 14 days thereafter and thereafter judgment is reserved.

6. Either party has liberty to reapply as to the above orders by properly made application to the Registrar on short notice in appropriate circumstances.

As to the…