In this instance the Father failed to bring his history of criminal offences and family violence to the Court’s attention. He also claimed that the Mothers phone had been disconnected. The court relied on the Father’s evidence and made an Order for the urgent recovery of the children. The children were forcibly removed from their Mother in a rather distressing scene.
The Father’s evidence was rejected when the Mother made an application to the Federal Circuit Court to dismiss the Order. The Mother presented documents from the NSW Police Force demonstrating the Father’s history of criminal offences and family violence. The Mother also produced evidence of communication between the parties refuting the Father’s suggestion that the Mother’s phone had been disconnected. The Federal Circuit Court discharged the Recovery Order and returned the children to live with their Mother.
The court voiced their concern at once again uprooting the children, however ultimately decided that the risk of harm was too great for the children to remain with the Father. The court was also critical of the Father’s failure to disclose material facts and misleading the court. It was strongly emphasised that when an urgent application is on foot the party who is present has an obligation to bring all relevant facts to the courts attention, even if they do not support their case. Failure to do so often results in the order being overturned, regardless of whether the order would have been made if all facts were presented.
This matter demonstrates the complexity of urgent applications, so if you require any assistance be sure to contact the team at East Coast Family Lawyers today!