Ewer and Barnard

Case

[2009] FamCA 1304

1 December 2009


Details
AGLC Case Decision Date
Ewer and Barnard [2009] FamCA 1304 [2009] FamCA 1304 1 December 2009

CaseChat Overview and Summary

In the matter of Ewer and Barnard, the court considered orders concerning the welfare and travel arrangements for two children. The dispute involved the father's proposed travel with the children to Tokyo, Japan, and the broader arrangements for their time with each parent.

The primary legal issues before the court were the terms of the children's travel with the father, including the duration and accompaniment, and the appointment of an Independent Children's Lawyer to represent the children's interests. The court also addressed the provision of legal representation for the children and the facilitation of their attendance at assessments and programs.

The court made orders reflecting an agreement between the parties regarding the children's travel to Japan with the father, specifying the dates and acceptable escorts. Crucially, the court ordered the appointment of an Independent Children's Lawyer for the children pursuant to section 68L of the *Family Law Act 1975*. Further orders directed Legal Aid New South Wales to arrange representation for the children and mandated the parties to provide necessary documentation. The court also ordered both parents to facilitate the children's attendance at a Child Responsive Program, with a note that interviews could coincide with the father's return to Australia.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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