A hearing before the Family Court concerned a situation where the father and child were unable to be located. The case concerns an eight year old girl. The proceedings involved the child’s mother, her father, a paternal aunt and the maternal grandmother and the Independent Children’s lawyer.
On 28 November 2012, final parenting orders were made by consent which included orders for the parents to have equal shared parental responsibility, for the child to live with the mother and spend time with the father.
On 6 March 2014, because the father had retained the child in breach of the orders made, a recovery order was issued which authorised the Australian Federal Police to remove the child from the care of the father and the paternal aunt and deliver her to the care of the maternal grandmother. The order was executed that same day but the child could not be located.
On 28 July 2014 the application for the issue of an arrest warrant was heard, with the order for a warrant for the arrest of the father being made. The father stated by telephone to that hearing that he would not deliver the child as ordered.
The police have communicated with the father by telephone and email and he has been uncooperative and said he would not hand over the child, and in fact he has demanded that they stop harassing the family. He asserts that he is a Brigadier General of the United Nations and is therefore not amenable to the jurisdiction of the Court. Several government agencies have been contacted however the father has not been located.
The Judge ordered that interested persons be brought to the Court to give evidence to attempt to identify the whereabouts of the father.
This article remains the property of Kate Austin Family Lawyers and can only provide basic information. It is not intended to be a substitute for legal advice. This information cannot be relied on as a substitute for legal information and it is only general by nature. This information was correct at the time of writing but changes in legislation or procedure may change.