Browning & Waters

Case

[2009] FamCA 801

21 August 2009


Details
AGLC Case Decision Date
Browning & Waters [2009] FamCA 801 [2009] FamCA 801 21 August 2009

CaseChat Overview and Summary

In the Family Court of Australia, Justice Brown considered an application concerning the children Y, T, and P. The dispute involved the parents' intentions regarding the children's potential removal from Australia.

The court was required to determine whether to grant an order restraining the removal of the children from the Commonwealth of Australia and to place their names on the Airport Watch List. The court also considered the implications of such an order for future travel by either parent with the children.

Justice Brown ordered that both the father and mother, their servants or agents, be restrained from removing, attempting to remove, or causing or permitting the removal or attempted removal of the children from Australia. The Australian Federal Police were directed to place the children's names on the Airport Watch List at all points of arrival and departure within the Commonwealth and to maintain them there until further order. The court also noted that any future overseas travel with the children by either parent would require a specific court order, which could be made by consent if the parties agreed. All other interim applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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