Bowen and Short
Case
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[2017] FamCA 939
•22 November 2017
Details
AGLC
Case
Decision Date
Bowen and Short [2017] FamCA 939
[2017] FamCA 939
22 November 2017
CaseChat Overview and Summary
In the matter of *Bowen and Short*, Forrest J of the Family Court of Australia considered parenting orders concerning two children, B and C. The dispute involved the allocation of parental responsibility and the arrangements for the children's living situation, travel, and communication with their parents.
The court was required to determine the extent of parental responsibility each parent would have, particularly concerning major long-term issues affecting the children. Further issues included the children's residence, their ability to travel internationally, and the specific arrangements for communication between the children and each parent, as well as between the parents themselves. The court also needed to address the practicalities of obtaining passports for the children and the role of the Independent Children's Lawyer.
Forrest J ordered that the mother, Ms Bowen, have sole parental responsibility for major long-term issues, with the exception of decisions regarding the children's family name, for which parental responsibility would be shared. The mother was directed to inform the father, Mr Short, in writing of any proposed decisions, invite his input, consider it, and then inform him of her final decision. The children were ordered to live with the mother, and she was authorised to relocate with them to Canada. The court made detailed provisions for the father's time with the children in Canada, including specific holiday periods and weekend contact, as well as communication arrangements via telephone and video conferencing. The father was restrained from taking the children outside of Canada without the mother's written consent. The court also made provisions for the father to sign passport applications and, in default, appointed the Registrar to do so. The Independent Children's Lawyer was discharged upon the mother and children's departure from Australia.
The court was required to determine the extent of parental responsibility each parent would have, particularly concerning major long-term issues affecting the children. Further issues included the children's residence, their ability to travel internationally, and the specific arrangements for communication between the children and each parent, as well as between the parents themselves. The court also needed to address the practicalities of obtaining passports for the children and the role of the Independent Children's Lawyer.
Forrest J ordered that the mother, Ms Bowen, have sole parental responsibility for major long-term issues, with the exception of decisions regarding the children's family name, for which parental responsibility would be shared. The mother was directed to inform the father, Mr Short, in writing of any proposed decisions, invite his input, consider it, and then inform him of her final decision. The children were ordered to live with the mother, and she was authorised to relocate with them to Canada. The court made detailed provisions for the father's time with the children in Canada, including specific holiday periods and weekend contact, as well as communication arrangements via telephone and video conferencing. The father was restrained from taking the children outside of Canada without the mother's written consent. The court also made provisions for the father to sign passport applications and, in default, appointed the Registrar to do so. The Independent Children's Lawyer was discharged upon the mother and children's departure from Australia.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
Bowen and Short [2017] FamCA 939
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