Jarvis and Jarvis

Case

[2009] FamCA 12

19 January 2009


Details
AGLC Case Decision Date
Jarvis and Jarvis [2009] FamCA 12 [2009] FamCA 12 19 January 2009

CaseChat Overview and Summary

In *Jarvis and Jarvis*, Young J of the Family Court of Australia made orders concerning the interim arrangements for the parties' children and financial matters, following an undertaking from the wife regarding damages. The dispute involved applications by the wife, with the husband's freedom of movement from Australia being subject to an interim injunctive order.

The court was required to determine the living arrangements for the children, the husband's time with them, and to make orders restraining the removal of the children from Australia. Additionally, the court considered orders restraining the husband from departing Australia unless he accounted for the proceeds of sale of the former matrimonial home and a bank account, and the wife's costs.

Young J ordered that the children live with the wife, with the husband's time with them to be reserved. The husband and wife were each restrained from removing the children from Australia, and the Australian Federal Police were directed to place the children's names on the Airport Watch list. The husband was also restrained from departing Australia until a specified date unless he provided a written accounting of certain funds, and his name was to be placed on the Airport Watch list. The wife was granted sole use and occupation of the former matrimonial home, and the husband was restrained from entering it without her consent. The further hearing of the wife's applications was adjourned, and the wife's costs of the day were fixed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Costs

  • Remedies

  • Procedural Fairness

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