Kien and Lavan

Case

[2018] FCCA 4007

16 November 2018


Details
AGLC Case Decision Date
Kien and Lavan [2018] FCCA 4007 [2018] FCCA 4007 16 November 2018

CaseChat Overview and Summary

In the matter of *Kien and Lavan*, heard by Judge Mead, the dispute concerned parenting orders and the ability of a child to travel internationally. The father, Mr Kien, sought sole parental responsibility for the child, [X], and permission for [X] to travel overseas, including the issuance of a passport. The mother, Ms Lavan, was also a party to the proceedings.

The court was required to determine whether to discharge existing parenting orders and, if so, what new orders should be made regarding the child's residence and time spent with each parent. A key issue was whether the child should be permitted to leave Australia and be issued a passport, and under what conditions. The court also considered the removal of the child's name from the Airport Watch List.

Judge Mead ordered the discharge of the previous parenting orders. The father was granted sole parental responsibility for the child, [X], and the child was to live with the father. The child was to spend time with and communicate with the mother as agreed between the parties, taking into account the child's wishes. Crucially, the court granted leave for the issuance of a passport for [X], permitting the child to leave Australia. The Passports Office was directed to issue the passport upon the father's permission, dispensing with the need for the mother's consent. The Australian Federal Police were requested to remove the child from the Airport Watch List. The father's application filed on 3 August 2018 was otherwise dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

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