Friscioni and Friscioni (No. 2)

Case

[2009] FamCA 173

12 March 2009


Details
AGLC Case Decision Date
Friscioni and Friscioni (No. 2) [2009] FamCA 173 [2009] FamCA 173 12 March 2009

CaseChat Overview and Summary

In *Friscioni and Friscioni (No. 2)*, his Honour Jordan J of the Family Court of Australia considered an application by the Father for a stay of a previous order permitting the Mother to relocate with the child, K, to the Czech Republic, and for restraining orders to prevent the child's removal from Australia.

The central legal issues before the court were whether to grant a temporary stay of the relocation order and whether to issue restraining orders to prevent the child's departure from Australia pending further determination of the Father's application. The court was also required to consider the appropriate measures to ensure compliance with any orders made.

His Honour ordered that the previous order permitting the Mother to relocate with the child to the Czech Republic be stayed until 5.00 pm on 17 March 2009, or until an earlier order. The Mother was also restrained from taking or sending, or attempting to take or send, the child from Australia during this period. The court further requested the Australian Federal Police to place the child's name on the Airport Watch List to prevent her removal from Australia in breach of these orders. The Father's application for a stay and restraining orders was adjourned to be heard by Moore J on 17 March 2009. The court also directed that particulars of the obligations and consequences of contravening these orders, along with information on assistance for compliance, be provided in an attached Fact Sheet, which was to be included in the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Stay of Proceedings

  • Injunction

  • Jurisdiction

  • Breach

Actions
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