Jamison and Martin
Case
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[2015] FCCA 272
•29 January 2015
Details
AGLC
Case
Decision Date
Jamison and Martin [2015] FCCA 272
[2015] FCCA 272
29 January 2015
CaseChat Overview and Summary
In the matter of *Jamison and Martin*, heard by Judge Scarlett, the dispute concerned parenting arrangements for a child, [X] MARTIN, born in 1999. The Applicant Father sought orders regarding parental responsibility, the child's residence, and international travel, as well as a change of the child's surname.
The court was required to determine whether to grant the Applicant Father leave to proceed ex parte, discharge previous parenting orders, and make new orders concerning sole parental responsibility, the child's residence, and the Respondent Mother's time with the child. Further issues included authorising the Father to apply for an Australian passport for the child and permitting international travel, as well as authorising a change of the child's surname and directing the Registrar of Births, Deaths and Marriages to register this change.
Judge Scarlett granted the Applicant Father leave to proceed ex parte and discharged all previous parenting orders. The court ordered that the Applicant Father have sole parental responsibility for the child, [X] MARTIN, and that the child live with the Father. The Respondent Mother was to spend time with the child as agreed between the parties. The court permitted the child to travel internationally under the *Australian Passports Act 2005* and authorised the Father to apply for an Australian passport for the child, with the passport to remain in the Father's possession. The child's name was changed from [X] MARTIN to [X] JAMISON, and the Father was given leave to apply to the Registrar of Births, Deaths and Marriages in New South Wales to register this change. The Registrar was ordered to register the name change. Finally, the Applicant Father was permitted to take the child, now [X] JAMISON, out of Australia in accordance with section 65Y(2)(b) of the *Family Law Act 1975*.
The court was required to determine whether to grant the Applicant Father leave to proceed ex parte, discharge previous parenting orders, and make new orders concerning sole parental responsibility, the child's residence, and the Respondent Mother's time with the child. Further issues included authorising the Father to apply for an Australian passport for the child and permitting international travel, as well as authorising a change of the child's surname and directing the Registrar of Births, Deaths and Marriages to register this change.
Judge Scarlett granted the Applicant Father leave to proceed ex parte and discharged all previous parenting orders. The court ordered that the Applicant Father have sole parental responsibility for the child, [X] MARTIN, and that the child live with the Father. The Respondent Mother was to spend time with the child as agreed between the parties. The court permitted the child to travel internationally under the *Australian Passports Act 2005* and authorised the Father to apply for an Australian passport for the child, with the passport to remain in the Father's possession. The child's name was changed from [X] MARTIN to [X] JAMISON, and the Father was given leave to apply to the Registrar of Births, Deaths and Marriages in New South Wales to register this change. The Registrar was ordered to register the name change. Finally, the Applicant Father was permitted to take the child, now [X] JAMISON, out of Australia in accordance with section 65Y(2)(b) of the *Family Law Act 1975*.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
Jamison and Martin [2015] FCCA 272
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
4
Whinney & Kelleher
[2013] FCCA 1939
Gerald & Kenwood
[2013] FCCA 2038