CONLAN & TOMLINSON

Case

[2018] FamCA 832

10 October 2018


Details
AGLC Case Decision Date
CONLAN & TOMLINSON [2018] FamCA 832 [2018] FamCA 832 10 October 2018

CaseChat Overview and Summary

In the matter of CONLAN & TOMLINSON, Justice Cronin of the Family Court of Australia considered applications concerning parenting orders and enforcement. The dispute involved the potential for the mother, Ms Tomlinson, to be an international flight risk, with her absence from proceedings lacking explanation.

The court was required to determine whether to adjourn extant applications and, crucially, whether the respondent mother should be compelled to appear in person. Furthermore, the court needed to consider the implications of the mother's potential flight risk on the child's welfare and the necessity of implementing measures to prevent the child's removal from Australia.

Justice Cronin ordered that all extant applications be adjourned to a specified date, requiring the respondent to appear in person. The court also granted liberty to seek a warrant for the respondent's arrest should she fail to attend. In response to the concerns about the child's welfare and the mother's potential flight risk, the court suspended certain prior orders and imposed a restraint on both Mr Conlan and Ms Tomlinson, their servants and agents, from removing or attempting to remove the child X from the Commonwealth of Australia. The Australian Federal Police were requested to place the child's name on the Airport Watch List for two years, with provisions for extension upon application. The court also directed that a Fact Sheet detailing the obligations and consequences of the orders be attached and included within the orders themselves.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Jurisdiction

  • Injunction

  • Remedies

  • Standing

Actions
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Cases Citing This Decision

1

Conlan and Tomlinson (No 2) [2018] FamCA 889
Cases Cited

0

Statutory Material Cited

1