Clarke and Robinson

Case

[2016] FCCA 527

17 March 2016


Details
AGLC Case Decision Date
Clarke and Robinson [2016] FCCA 527 [2016] FCCA 527 17 March 2016

CaseChat Overview and Summary

In the matter of *Clarke and Robinson*, heard by Judge Neville, the dispute concerned the interim living arrangements for a child, X, born in 2009. The applicant mother was seeking to relocate with the child, and the court was required to determine the appropriate orders regarding the child's residence and the mother's compliance with court directions.

The central legal issue before the court was whether the mother should be permitted to relocate with the child, and what interim orders should be made pending a final determination. The court was also required to consider the consequences of the mother's compliance or non-compliance with any directions given.

Judge Neville ordered that the applicant mother and the child, X, were to return to the Canberra or [omitted] region by 12:00 pm on 19 February 2016. The court stipulated that if the mother complied with this order, the previously made orders of 25 November 2015 would apply. However, should the mother fail to comply, her solicitor was to notify Chambers, and a Recovery Order would issue immediately without further notice. If a Recovery Order were to issue, the child would live with the father on an interim basis, with time spent with the mother as agreed in writing between the parties, until the matter was revisited by the Court. The matter was adjourned to 16 March 2016 at 2:00 pm in Canberra.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
Morgan v Miles [2007] FamCA 1230
Goode & Goode [2006] FamCA 1346