Kemp and Wood

Case

[2016] FamCA 368

13 May 2016


Details
AGLC Case Decision Date
Kemp and Wood [2016] FamCA 368 [2016] FamCA 368 13 May 2016

CaseChat Overview and Summary

In the matter of *Kemp and Wood*, Dawe J of the Federal Circuit Court of Australia considered an application concerning parenting orders for a child. The dispute involved the mother seeking sole parental responsibility and permission to relocate with the child to the United States of America.

The court was required to determine whether to grant the mother sole parental responsibility for day-to-day issues affecting the child, including decisions regarding school enrolments, social security applications, and medical appointments. Furthermore, the court had to consider the mother's request for sole responsibility in obtaining necessary travel documents for the child, specifically a visa for the United States and an Australian Passport, and whether to permit the mother to relocate with the child to the United States.

Dawe J discharged a previous order made by the Federal Magistrates Court and dispensed with service upon the respondent father. The court granted the mother sole parental responsibility for day-to-day issues concerning the child, including the specific matters outlined. Crucially, the court permitted the mother to relocate with the child to the United States of America, noting this permission was for the purpose of obtaining a visa for permanent residency and for all future travel until the child reached the age of legal majority. The child was ordered to live with the mother, and to spend time with and communicate with the father as agreed. All matters were removed from the active pending cases list.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Appeal

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