Khalid and Khalid (No 4)

Case

[2016] FamCA 797

21 September 2016


Details
AGLC Case Decision Date
Khalid and Khalid (No 4) [2016] FamCA 797 [2016] FamCA 797 21 September 2016

CaseChat Overview and Summary

In *Khalid and Khalid (No 4)*, Gill J of the Federal Circuit Court of Australia considered an application by the mother for permission to take the child, C, born in 2005, to India for a specified period. The father opposed this application.

The central legal issue before the court was whether to grant the mother's request to remove the child from Australia for international travel, and if so, under what conditions. This involved assessing the child's best interests in the context of parental rights to international travel.

Gill J permitted the mother to travel with the child to India between 10 November 2016 and 18 January 2017, subject to several stringent conditions designed to safeguard the father's ongoing relationship with the child and ensure the child's welfare. These conditions included providing the father with copies of return tickets, a detailed itinerary with accommodation details, travel insurance, visa information, and medical certificates for any necessary immunisations, all to be provided at least 14 days prior to departure. The court also ordered that the father would have liberty to relist the matter on 24 hours' notice if any of these conditions were not met. Furthermore, the mother was directed to engage with the father regarding make-up time for the child within 14 days of their return. The mother's original application was dismissed, with the court making specific orders regarding the international travel.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Injunction

  • Remedies

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