Federal Magistrates Court case- make the right application

Federal Magistrates Court case- make the right application

In the recent Federal Magistrates Court case of Fitrakis and Douretas, an order had been made for the children to spend the first half of the holidays with the father. When they didn’t, the father made an application for a recovery order.

By the time the matter got to court, the first half of the holidays had come and gone, but still the father had not seen the children. The court found that the recovery order application was the wrong type of application, and dismissed it, but helpfully noting that the appropriate type of application was a contravention application.

Comment: It is often very difficult in dealing with an intransigent parent who puts up every roadblock to ensure that time with a parent does not occur. Sometimes there is no immediate relief, and it is necessary to be patient and bring the contravention application (which in any case will be after the holidays).

Most parents try to avoid breaching orders, because they know it’s wrong and leads to consequences. However, sometimes they still do that, and to bring a recovery order is often, as this case demonstrates, the wrong application.

Things to Read, Watch & Listen

Monash IVF CEO Resignation After Another Embryo Mix-up

The fertility industry in Australia is facing a profound crisis, one that has shaken the very foundation of trust between hopeful parents and the clinics they rely on. With over 100,000 IVF cycles performed annually, the stakes could not be higher.

Your Voice Can Change Australia’s Surrogacy Laws Forever

Surrogacy is a journey filled with hope, challenges, and profound joy. As someone who has personally navigated this path, I understand the complexities and emotional highs that come with building a family through surrogacy.

Who Gets the Pet After a Breakup?

From the heart of Brisbane, where the Turbo and Jagura peoples have long called home, I’m Stephen Page from Page Provan, here to share an important update in Australian family law that affects many of us who love our furry companions.

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board