Dumas and Choisy

Case

[2009] FamCA 781

26 August 2009


Details
AGLC Case Decision Date
Dumas and Choisy [2009] FamCA 781 [2009] FamCA 781 26 August 2009

CaseChat Overview and Summary

In the matter of *Dumas and Choisy*, heard before Brown J, the dispute concerned the proposed removal of a child from the Commonwealth of Australia. The court was required to determine whether any impediment existed to the child's removal, following an earlier order made on 26 August 2009.

The central legal issue before the court was the validity and effect of the earlier order in relation to the child's departure from Australia. Specifically, the court had to consider whether the earlier order, which apparently imposed an impediment to removal, should be maintained or discharged.

Brown J reasoned that the earlier order should be discharged. The court declared that there was no impediment to the removal of the child, who was born in December 2005, from the Commonwealth of Australia. Consequently, the hearing date previously set for 27 August 2009 was vacated.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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