Kodenikos and State Central Authority

Case

[2010] FamCA 938

14 October 2010


Details
AGLC Case Decision Date
Kodenikos and State Central Authority [2010] FamCA 938 [2010] FamCA 938 14 October 2010

CaseChat Overview and Summary

The parties involved were the father, Kodenikos, and the State Central Authority. The dispute concerned orders made on 29 September 2010, which were subject to a stay and further conditions. The matter came before the Honourable Justice Cohen.

The court was required to determine whether to grant a stay of certain orders made on 29 September 2010, and to impose conditions on that stay, including preventing the removal of a child, N, from the Commonwealth of Australia. The court also considered the placement of the child on an Airport Watch List and the circumstances under which these protective orders would cease to have effect.

Justice Cohen ordered that specific orders made on 29 September 2010 be stayed until 5pm on 10 December 2010. Crucially, the child N was prohibited from being removed from Australia, and the Australian Federal Police were requested to place N on the Airport Watch List to prevent such removal. These orders were to cease if the father failed to pay $2000 to the mother by 12 October 2010, or if he failed to make weekly payments of $400 commencing 14 October, and failed to meet the child's medical expenses, or alternatively, at and after 5pm on 10 December 2010. Costs were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Stay of Proceedings

  • Injunction

  • Costs

  • Appeal

  • Breach

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Hannigan and Sorraw (No 3) [2010] FamCA 868