Findlay and Boa

The matter before Dessau J in the Family Court of Australia concerned orders relating to a child of the marriage. The dispute involved the parents' arrangements for the child's residence and the father's ability to seek reimbursement for the costs of a family report.

The court was required to determine the terms of the child's living arrangements, including during school terms and holidays, and to establish a mechanism for the care of the child should one parent be unable to attend to them for an extended period. Further issues included the preparation of a family report, the allocation of its initial costs, and the prevention of the child's removal from Australia.

The court made orders by consent regarding the discharge of previous orders and the child's residence with the wife during school terms and specific periods of the summer holidays, with the husband to have the child at all other times. A provision was included for the other parent to have the first option of care if a parent was unable to attend to the child for over six hours. The court ordered the preparation of a Family Report, with the husband initially responsible for the fees, without prejudice to seeking reimbursement. Crucially, the parties were restrained from removing the child from Australia, and the Australian Federal Police were directed to place the child's name on the Airport Watch List. All extant applications were adjourned, and the orders incorporated a fact sheet detailing obligations, consequences of contravention, and sources of assistance.