Cousins and Cousins

Case

[2013] FamCA 808

9 October 2013


Details
AGLC Case Decision Date
Cousins and Cousins [2013] FamCA 808 [2013] FamCA 808 9 October 2013

CaseChat Overview and Summary

In the matter of *Cousins and Cousins*, Dawe J of the Federal Circuit Court of Australia considered interim orders concerning the parental responsibility and living arrangements for three children. The dispute involved the father and mother of the children, B, C, and D, regarding their care and upbringing.

The court was required to determine the appropriate interim orders for equal shared parental responsibility, the children's living arrangements on a week-about basis, and the specifics of handover times and locations. Further issues before the court included arrangements for the children's birthdays, attendance at an updated assessment with a Dr F, and the obtaining and holding of passports, including provisions for international travel.

Dawe J made several interim orders by consent and otherwise. These included establishing equal shared parental responsibility and a week-about living arrangement for the children, commencing on a specified date. The court also detailed specific arrangements for the children's time with each parent on birthdays, and ordered the parties to attend an updated assessment with Dr F, with the costs to be borne initially by the husband. Crucially, the court imposed an injunction restraining either parent from removing the children from Australia without prior written consent, and set out detailed notice requirements and conditions for any proposed overseas travel with the children. Paragraph 8 of the father's Response was dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

  • Remedies

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