Emmet & Emmet

Case

[2021] FamCA 78

23 February 2021


Details
AGLC Case Decision Date
Emmet & Emmet [2021] FamCA 78 [2021] FamCA 78 23 February 2021

CaseChat Overview and Summary

In the matter of *Emmet & Emmet*, heard by Gill J, the applicant mother and respondent father sought orders concerning their two children, X and Y. The dispute centred on parental responsibility, living arrangements, and the extent of the father's contact with the children, as well as provisions relating to passports and name changes.

The court was required to determine the terms of consent orders regarding the children's welfare. Specifically, the court needed to make orders concerning sole parental responsibility, the children's residence, the nature and extent of any time or communication between the children and the father, and whether the orders should authorise the mother to obtain passports for the children and travel internationally without the father's consent. Further issues included authorising the mother to change the children's names without the father's consent, and the discharge of the Independent Children's Lawyer.

Gill J made orders by consent of the parties. The mother was granted sole parental responsibility for the children, and the children were to live with her. Crucially, the orders stipulated that the children would spend no time and have no communication with the father. The court further ordered that these orders would act as an authority for the mother to obtain passports for the children and travel internationally with them without the father's consent, and also to change the children's first and/or surnames without his consent. The Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Jurisdiction

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