FREEMAN & BOWMAN

Case

[2015] FamCA 141

2 March 2015


Details
AGLC Case Decision Date
FREEMAN & BOWMAN [2015] FamCA 141 [2015] FamCA 141 2 March 2015

CaseChat Overview and Summary

In *Freeman & Bowman*, heard by Hogan J, the dispute concerned parenting orders for a child, B, born in 2011. The application sought declarations and interim parenting orders, with further orders relating to the child's presence within and departure from Australia.

The court was required to determine whether the child B was a child of the applicant and respondent, and to make orders concerning the child's movement and protection within Australia. The court also considered the implications of the child's potential return to Australia and the need for measures to prevent his removal from the Commonwealth.

Hogan J declared that, pursuant to s 60H of the *Family Law Act 1975* (Cth), the child B was a child of the applicant and respondent. The court then adjourned the application for interim parenting orders. Crucially, the court made orders restraining the parties and their agents from removing or permitting the removal of the child from the Commonwealth of Australia, should he return. Further orders were made to place the child's name on the Family Law Watchlist for two years, with provisions for removal thereafter, and to inform the parties of their obligations and the consequences of contravention via an attached Fact Sheet.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Injunction

  • Procedural Fairness

  • Remedies

  • Statutory Construction

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Cases Citing This Decision

1

Wickham & Toledano (No 2) [2022] FedCFamC1F 32
Cases Cited

1

Statutory Material Cited

1

Mickelberg v The Queen [1989] HCA 35
Mickelberg v The Queen [1989] HCA 35