Hagi and Hagi

Case

[2013] FamCA 733

20 September 2013


Details
AGLC Case Decision Date
Hagi and Hagi [2013] FamCA 733 [2013] FamCA 733 20 September 2013

CaseChat Overview and Summary

In the matter of *Hagi and Hagi*, Watts J made orders concerning the parental responsibility and time arrangements for the child B. The dispute involved the parents' arrangements for the child's care, including international travel and communication protocols.

The court was required to determine the extent of equal shared parental responsibility, the specific times the child would spend with the father, and the conditions under which the child could travel internationally with the father. Further issues included the financial security required for international travel, communication arrangements between the parents and with the child, and the exchange of information regarding the child's welfare, education, and medical needs. The court also addressed restrictions on derogatory remarks and the management of the child's passport.

Watts J ordered equal shared parental responsibility for the child B. The father was granted specific periods of time with the child during July and Christmas school holidays, with provisions for international travel to Kuwait under certain conditions. These conditions included the father securing the mother's costs associated with potential child recovery by depositing $20,000 and obtaining a $80,000 charge over the paternal grandparents' property. The orders also detailed daily telephone communication between the child and each parent, and mandated that both parents keep each other informed of the child's medical, educational, and social activities, as well as their own contact details. The court also imposed restrictions on making derogatory remarks about the other parent in the child's presence and stipulated that each parent must use their best endeavours to remove the child from a foreign country if a high-level travel advisory is issued. The child was also to spend time with the paternal grandparents.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Injunction

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