COLES & TENNANT

Case

[2015] FCCA 2926

30 October 2015


Details
AGLC Case Decision Date
Coles and Tennant [2015] FCCA 2926 [2015] FCCA 2926 30 October 2015

CaseChat Overview and Summary

In the matter of COLES & TENNANT, Judge Scarlett of the Federal Circuit Court of Australia considered an application concerning the welfare of two children, X and Y. The dispute involved the parents, Mr Coles and Ms Tennant, and their intentions regarding the children's travel outside of Australia.

The court was required to determine whether to continue restraining the parents from removing the children from the Commonwealth of Australia. Further, the court needed to establish specific orders to govern any future travel plans involving the children, including notification requirements, consent procedures, and the holding of passports.

Judge Scarlett ordered that the interim orders made by consent on 9 February 2015 be discharged. However, both Mr Coles and Ms Tennant, and their agents, were restrained from removing or attempting to remove the children from Australia. The Australian Federal Police were requested to place the children's names on the Family Law Watch List for three years. The court also made detailed provisions regarding parental notification of travel plans, the requirement for written consent, the provision of travel itineraries and tickets, and the process for passport applications and renewals. The children's passports are to be held by the Sydney Registry of the Federal Circuit Court of Australia, and the children must travel on their Australian passports when outside the Commonwealth.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Consent

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

Cadena & Beltran [2010] FMCAfam 1165
Gallo and Gallo [2012] FMCAfam 601