Crawley and Anor and Rankin
Case
•
[2008] FamCA 1235
•2 October 2008
Details
AGLC
Case
Decision Date
Crawley and Anor and Rankin [2008] FamCA 1235
[2008] FamCA 1235
2 October 2008
CaseChat Overview and Summary
In the matter of Crawley & Rankin, MLC 8745 of 2008, Justice Mushin of the Family Court of Australia made orders on an ex parte basis, by consent, following the filing of amended minutes of order. The proceedings involved applicants Mrs Crawley and Mr Crawley, and the respondent Mr Rankin. The orders dispensed with service of proceedings and orders upon Mr Rankin, and also dispensed with the requirement for parties to attend Family Dispute Resolution under section 60I of the *Family Law Act 1975*.
The court was required to determine the parenting arrangements for the children, W and T, including issues of parental responsibility, living arrangements, and international travel. Additionally, the court was asked to make orders regarding the children's names and the issuance of passports and visas. The orders also addressed the particulars of obligations and consequences of contravention, as well as the attendance of counsel.
Justice Mushin ordered that the applicants, referred to as "the wife" and "the husband," have equal shared parental responsibility for the children. The children were ordered to live with both the husband and wife, and both parents were permitted to travel internationally with the children. The court further ordered that the husband and wife be authorised to change the children's names from W Rankin to P Crawley and T Rankin to T Crawley, and to apply to the Registrar of Births, Deaths and Marriages of Victoria to give effect to this change. The husband and wife were also authorised to obtain Australian passports and United States visas and/or passports for the children. The orders included a Fact Sheet detailing obligations, consequences of contravention, and sources of assistance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*. Finally, all extant applications were dismissed, and the proceedings were removed from the court's list.
The court was required to determine the parenting arrangements for the children, W and T, including issues of parental responsibility, living arrangements, and international travel. Additionally, the court was asked to make orders regarding the children's names and the issuance of passports and visas. The orders also addressed the particulars of obligations and consequences of contravention, as well as the attendance of counsel.
Justice Mushin ordered that the applicants, referred to as "the wife" and "the husband," have equal shared parental responsibility for the children. The children were ordered to live with both the husband and wife, and both parents were permitted to travel internationally with the children. The court further ordered that the husband and wife be authorised to change the children's names from W Rankin to P Crawley and T Rankin to T Crawley, and to apply to the Registrar of Births, Deaths and Marriages of Victoria to give effect to this change. The husband and wife were also authorised to obtain Australian passports and United States visas and/or passports for the children. The orders included a Fact Sheet detailing obligations, consequences of contravention, and sources of assistance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*. Finally, all extant applications were dismissed, and the proceedings were removed from the court's list.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Consent
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Jurisdiction
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Procedural Fairness
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Costs
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Remedies
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