GOODNER & JEPPESEN

Case

[2011] FamCA 1069

28 November 2011


Details
AGLC Case Decision Date
GOODNER & JEPPESEN [2011] FamCA 1069 [2011] FamCA 1069 28 November 2011

CaseChat Overview and Summary

In the matter of Goodner & Jeppesen, heard by Le Poer Trench J, the dispute concerned the welfare and arrangements for two children, M and E. The court was required to make orders regarding the children's care, representation, and international travel.

The central legal issues before the court were the independent representation of the children's interests, the potential removal of the children from Australia, and the arrangements for their care and travel, particularly in light of a proposed holiday to Country G. The court also considered the implications of contravening its orders.

Le Poer Trench J made several orders to safeguard the children's interests. These included appointing an Independent Children’s Lawyer, suspending previous orders pending further direction, and maintaining the existing care arrangements. Crucially, the court restrained the parties from removing the children from Australia unless specifically permitted. The mother was granted leave to take the children to Country G for a holiday between specific dates, with arrangements for their return to Australia facilitated by the father. The court also requested the Australian Federal Police to place the children on the Airport Watch List and to temporarily remove them for the holiday period. The parties were to attend a child inclusive conference with a family consultant, who was requested to report on the children's views regarding the proposed move to Country G with their mother. The court also noted agreements regarding travel costs and attached a Fact Sheet detailing the obligations and consequences of contravening the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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