Kael and Cabello

Case

[2017] FamCA 449

28 June 2017


Details
AGLC Case Decision Date
Kael and Cabello [2017] FamCA 449 [2017] FamCA 449 28 June 2017

CaseChat Overview and Summary

The case of *Kael and Cabello* concerned an application by the mother for permission to remove the child, B, from the Commonwealth of Australia to New Zealand for specific travel dates. The father opposed this application. The matter came before Stevenson J in the Family Court of Australia.

The primary legal issue before the court was whether to grant the mother's request for international travel with the child, and consequently, whether to make orders for the lodging of a passport application for the child. The court was also required to determine the fate of the mother's application and the father's response thereto.

Stevenson J permitted the mother to remove the child from Australia to New Zealand on three distinct occasions: 11 July 2017 to 19 July 2017, 7 September 2017 to 11 September 2017, and 16 November 2017 to 20 November 2017. Furthermore, the court ordered that both parties were to cooperate in lodging a passport application for the child with the Australian Passport Office. All other aspects of the mother's application and the father's response were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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