Appleby and Appleby (No 3)
Case
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[2018] FamCA 1117
•19 December 2018
Details
AGLC
Case
Decision Date
Appleby and Appleby (No 3) [2018] FamCA 1117
[2018] FamCA 1117
19 December 2018
CaseChat Overview and Summary
In *Appleby and Appleby (No 3)*, Gill J of the Federal Circuit and Family Court of Australia determined parenting arrangements for two children, X and Y, born in 2008 and 2010 respectively. The dispute concerned the children's residence, parental responsibility, and the father's future contact with them, as well as their ability to travel internationally.
The court was required to determine who should have sole parental responsibility for the children, where they should live, and the nature and extent of the father's future contact with them. Additionally, the court had to consider whether to permit the children to travel internationally and for the mother to take them out of Australia, specifically in relation to the requirements of the *Australian Passport Act 2005* (Cth) and the *Family Law Act 1975* (Cth).
Gill J ordered that the Applicant Mother have sole parental responsibility for both children and that they live with her. The court stipulated that any future time the children spend with the Father is to be supervised by a professional, unless otherwise agreed in writing, with the Father to bear any associated costs. The court also made orders permitting the children to travel internationally and for the Mother to take them out of the Commonwealth of Australia, noting that these orders were made pursuant to s 11(1) of the *Australian Passport Act 2005* (Cth) and s 65Y of the *Family Law Act 1975* (Cth), respectively, allowing for the issuance of passports without the father's consent.
The court was required to determine who should have sole parental responsibility for the children, where they should live, and the nature and extent of the father's future contact with them. Additionally, the court had to consider whether to permit the children to travel internationally and for the mother to take them out of Australia, specifically in relation to the requirements of the *Australian Passport Act 2005* (Cth) and the *Family Law Act 1975* (Cth).
Gill J ordered that the Applicant Mother have sole parental responsibility for both children and that they live with her. The court stipulated that any future time the children spend with the Father is to be supervised by a professional, unless otherwise agreed in writing, with the Father to bear any associated costs. The court also made orders permitting the children to travel internationally and for the Mother to take them out of the Commonwealth of Australia, noting that these orders were made pursuant to s 11(1) of the *Australian Passport Act 2005* (Cth) and s 65Y of the *Family Law Act 1975* (Cth), respectively, allowing for the issuance of passports without the father's consent.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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