IDRESSA & IDRESSA
Case
•
[2015] FamCA 112
•27 February 2015
Details
AGLC
Case
Decision Date
IDRESSA & IDRESSA [2015] FamCA 112
[2015] FamCA 112
27 February 2015
CaseChat Overview and Summary
The case of *Idressa & Idressa* concerned parenting orders made by Foster J in the Federal Circuit and Family Court of Australia. The dispute involved the mother and father of three children, B, C, and D, and the court was required to determine the future living arrangements and parental responsibilities for these children, as well as the extent of the father's contact and proximity to the mother and children.
The court was tasked with determining issues of sole parental responsibility, the children's residence, and the necessity of restraining orders for the protection of both the mother and the children. Further, the court had to consider the children's ability to travel internationally, specifically regarding passport applications and holiday travel, and to address the father's potential to remove the children from Australia.
Foster J ordered that the mother have sole parental responsibility for the children and that they live with her. The court also made significant restraining orders against the father, prohibiting him from attending or remaining at the mother's residence or place of employment, and from approaching, contacting, communicating with, or being in the presence of the children at their place of education or care. These orders were made for the personal protection of the mother and children and carried the power of arrest without warrant. The mother was permitted to apply for passports for the children and to take them on holidays outside of Australia without the father's consent. However, the father was restrained from removing or attempting to remove the children from the Commonwealth of Australia until 31 December 2018, with a request for the Australian Federal Police to place the children's names on the Family Law Watchlist. The appointment of the Independent Children's Lawyer was discharged.
The court was tasked with determining issues of sole parental responsibility, the children's residence, and the necessity of restraining orders for the protection of both the mother and the children. Further, the court had to consider the children's ability to travel internationally, specifically regarding passport applications and holiday travel, and to address the father's potential to remove the children from Australia.
Foster J ordered that the mother have sole parental responsibility for the children and that they live with her. The court also made significant restraining orders against the father, prohibiting him from attending or remaining at the mother's residence or place of employment, and from approaching, contacting, communicating with, or being in the presence of the children at their place of education or care. These orders were made for the personal protection of the mother and children and carried the power of arrest without warrant. The mother was permitted to apply for passports for the children and to take them on holidays outside of Australia without the father's consent. However, the father was restrained from removing or attempting to remove the children from the Commonwealth of Australia until 31 December 2018, with a request for the Australian Federal Police to place the children's names on the Family Law Watchlist. The appointment of the Independent Children's Lawyer was discharged.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
-
Consent
-
Jurisdiction
-
Remedies
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
IDRESSA & IDRESSA [2015] FamCA 112
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Goode & Goode
[2006] FamCA 1346
Mazorski & Albright
[2007] FamCA 520