DANNETT & SANTIS
Case
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[2021] FCCA 1584
•29 June 2021
Details
AGLC
Case
Decision Date
DANNETT & SANTIS [2021] FCCA 1584
[2021] FCCA 1584
29 June 2021
CaseChat Overview and Summary
In the Federal Circuit Court of Australia, Judge Betts determined proceedings between the Mother and the Father concerning their child, X, born in 2017. The matter proceeded as an undefended final hearing.
The court was required to determine issues relating to the parental responsibility for the child, the child's living arrangements, and the extent of contact between the child and the Father. Additionally, the court considered the Father's ability to remove the child from the Mother's care, the child's name, and the child's ability to travel internationally.
Judge Betts ordered that the Mother have sole parental responsibility for the child, that the child live with the Mother, and that the Father have no time with the child. Pursuant to section 68B of the *Family Law Act 1975* (Cth), the Father was restrained from removing the child from the Mother's care. The Mother was authorised to change the child's surname to Santis, notwithstanding the Father's consent, pursuant to section 28 of the *Births Deaths and Marriages Registration Act 1995* (NSW). The Mother was also authorised to apply for and retain a passport for the child without the Father's consent under section 11(1)(b) of the *Australian Passports Act 2005*, and to travel internationally with the child under section 65Y of the *Family Law Act*. The court also noted serious concerns regarding the Father's potential future applications for a gun licence and the circumstances surrounding an unpursued apprehended domestic violence order application.
The court was required to determine issues relating to the parental responsibility for the child, the child's living arrangements, and the extent of contact between the child and the Father. Additionally, the court considered the Father's ability to remove the child from the Mother's care, the child's name, and the child's ability to travel internationally.
Judge Betts ordered that the Mother have sole parental responsibility for the child, that the child live with the Mother, and that the Father have no time with the child. Pursuant to section 68B of the *Family Law Act 1975* (Cth), the Father was restrained from removing the child from the Mother's care. The Mother was authorised to change the child's surname to Santis, notwithstanding the Father's consent, pursuant to section 28 of the *Births Deaths and Marriages Registration Act 1995* (NSW). The Mother was also authorised to apply for and retain a passport for the child without the Father's consent under section 11(1)(b) of the *Australian Passports Act 2005*, and to travel internationally with the child under section 65Y of the *Family Law Act*. The court also noted serious concerns regarding the Father's potential future applications for a gun licence and the circumstances surrounding an unpursued apprehended domestic violence order application.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Remedies
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Consent
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Statutory Construction
Actions
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Citations
DANNETT & SANTIS [2021] FCCA 1584
Most Recent Citation
FWJ v Children's Guardian [2024] NSWCATAD 184
Cases Cited
0
Statutory Material Cited
2