Gower and Spalding and Anor

Case

[2018] FCCA 919

27 April 2018


Details
AGLC Case Decision Date
Gower and Spalding and Anor [2018] FCCA 919 [2018] FCCA 919 27 April 2018

CaseChat Overview and Summary

In the matter of *Gower and Spalding and Anor*, heard before Judge Newbrun, the dispute concerned the welfare of a child, [X], born in 2005. The orders indicate that Ms Spalding and Mr Gower were parties to the proceedings, alongside Ms Gower. The central issue revolved around the potential removal of the child from the Commonwealth of Australia and the determination of parental responsibility and living arrangements for the child.

The court was required to determine whether to grant an injunction restraining the removal of the child from Australia, and to make orders regarding the child's residence and time spent with each party. Specifically, the court had to consider the implications of any such orders in light of Part VII of the *Family Law Act 1975*, particularly concerning authenticated consent for removal.

Judge Newbrun ordered that, until further order, Ms Spalding, Mr Gower, and Ms Gower, their servants and agents, be restrained by injunction from removing or attempting to remove the child from the Commonwealth of Australia, irrespective of authenticated consent. The Australian Federal Police were requested to place the child's name on the Family Law Watchlist at all points of arrival and departure. Furthermore, Ms Gower was granted sole parental responsibility for the child, with the child to live with her. The child was to spend time with Ms Spalding and Mr Spalding by agreement between the parties.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

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