Kincaid and Teke

The case of Kincaid and Teke concerned an application before Macmillan J of the Family Court of Australia. The dispute involved orders relating to the time a child, B, born in 2010, spent with the father, and the arrangements for the child's changeovers between parents. A significant aspect of the dispute also involved preventing the child's removal from the Commonwealth of Australia.

The court was required to determine the specific locations and procedures for child changeovers, including the use of a contact centre and alternative arrangements if the centre was unavailable. Furthermore, the court had to consider and make orders regarding the father's application to restrain the removal of the child from Australia and the mother's ability to travel overseas with the child.

Macmillan J made orders by consent regarding the changeover locations, stipulating that changeovers should occur at the child's school at the conclusion of school, or at C Contact Centre if not at school. If C Contact Centre was unavailable, changeovers were to occur at the nearest McDonald's restaurant to the child's school. The parties were directed to register for and be placed on the waiting list for C Contact Centre. Crucially, the father was restrained from removing or attempting to remove the child from the Commonwealth of Australia. The court also requested the Australian Federal Police place the child on the Airport Watch List until January 2024, with an exemption to allow the mother to travel overseas with the child, provided she gave the father 28 days' written notice of travel details. All extant applications were dismissed.