Dalal and Dalal

Case

[2018] FCCA 33

12 January 2018


Details
AGLC Case Decision Date
Dalal and Dalal [2018] FCCA 33 [2018] FCCA 33 12 January 2018

CaseChat Overview and Summary

In *Dalal and Dalal*, heard by Judge Harland, the dispute concerned parenting orders for two children. The mother sought sole parental responsibility and orders for the children to live with her, along with authorisation to obtain Australian passports for them without the father's consent. The father's time with the children was reserved, and the Independent Children's Lawyer was discharged.

The court was required to determine whether to grant the mother sole parental responsibility for the children, whether the children should live with the mother, and whether to permit the mother to apply for and obtain Australian passports for the children without the father's consent. The court also considered the father's future contact with the children.

Judge Harland ordered that the mother have sole parental responsibility for the children and that they live with her. The father's time with the children was reserved, and the Independent Children's Lawyer was discharged. Crucially, the mother was authorised to apply for and receive Australian passports for the children pursuant to section 11 of the *Australian Passports Act 2005* without the father's prior written consent. The notation indicates that the father may bring a further parenting application if he returns to Australia to live, with the mother agreeing this would constitute a significant change of circumstances.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

Redmond & Redmond [2014] FamCAFC 155
Waterford & Waterford [2013] FamCA 33