Braun and Umi and Anor

Case

[2018] FamCA 884

2 November 2018


Details
AGLC Case Decision Date
Braun and Umi and Anor [2018] FamCA 884 [2018] FamCA 884 2 November 2018

CaseChat Overview and Summary

This case concerned an application before Baumann J in the Federal Circuit Court of Australia, involving Ms Braun (the paternal grandmother) and Ms Umi (the mother) regarding their child, X. The dispute centred on the arrangements for the child's time with the paternal grandmother and the mother's ability to travel internationally with the child.

The court was required to determine the extent and nature of the child's contact with the paternal grandmother, including the conditions and supervision arrangements for such contact. Additionally, the court had to consider the mother's application for permission to obtain a passport for the child and to travel internationally with the child, specifically to Country B, without the father's consent.

Baumann J ordered that the mother, Ms Umi, have sole parental responsibility for the child and that the child live with her. The court established a framework for supervised time between the child and the paternal grandmother, Ms Braun, to occur on four occasions annually during school holidays, with specific notice and venue requirements. The paternal grandmother was to bear the costs of supervision and was restrained from discussing certain matters or making denigrating remarks about the mother in the child's presence. The court also permitted the mother to obtain and renew the child's passport and to remove the child from Australia for international travel, including to Country B, without the father's consent. The Independent Children's Lawyer was to be discharged upon the first supervised visit occurring.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Natural Justice

  • Procedural Fairness

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Mosman & Taylor Mosman [2018] FamCA 842