Filmer and Roth

Case

[2011] FamCA 362

5 May 2011


Details
AGLC Case Decision Date
Filmer and Roth [2011] FamCA 362 [2011] FamCA 362 5 May 2011

CaseChat Overview and Summary

In the matter of *Filmer and Roth*, Rose J considered an application by the mother concerning parenting orders for the parties' child. The dispute centred on arrangements for the child's travel and holiday periods, and the father's obligation to pay the mother's costs.

The court was required to determine the terms of orders relating to the child's delivery to the mother, the notification process for holiday travel, restrictions on international travel during school terms, and the process for obtaining consent for such travel. Additionally, the court had to consider the removal of the child's name from the Airport Watch List and the apportionment of costs.

Rose J made orders varying existing arrangements. The father was directed to deliver the child to the mother for travel on a specified date, with flexibility for rescheduling at his cost. The mother was to provide annual notice regarding her intention to travel with the child during school holidays, with the father having a subsequent opportunity to elect to travel. Crucially, the child was prohibited from travelling internationally during school terms without the written consent of both parties, and in determining consent, the parties were to consult with the principal of the child's school. The Australian Federal Police were requested to remove the child from the Airport Watch List for a defined period.

Finally, the father was ordered to pay the mother's costs of the proceedings in the sum of $1,000.00 by a specified date.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Consent

  • Remedies

  • Procedural Fairness

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