KOLDSJOR & ADDINGTON
Case
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[2009] FamCA 944
•2 October 2009
Details
AGLC
Case
Decision Date
KOLDSJOR & ADDINGTON [2009] FamCA 944
[2009] FamCA 944
2 October 2009
CaseChat Overview and Summary
In the matter of *Koldsjor & Addington*, heard before Cohen J, the dispute concerned an application by the mother for permission to remove the child from Australia for a holiday and to change the child's surname. The father opposed the removal of the child from Australia and the proposed change of name.
The court was required to determine whether to grant the mother's application for the child to travel overseas for a holiday and whether to permit a change of the child's surname. The court also had to consider the terms and conditions under which any overseas travel might be permitted, and the father's rights concerning the child's passport and surname.
Cohen J permitted the child to be removed from and kept outside Australia for a specified holiday period, subject to conditions including the father retaining the child's Australian passport until further order or mutual consent. The court also ordered that the father provide contact details for the child during the holiday and notify the mother of any significant changes to travel arrangements. Crucially, the mother's application to change the child's name was dismissed, and she was restrained from using or causing the child to be known by any name other than Addington. Costs were reserved.
The court was required to determine whether to grant the mother's application for the child to travel overseas for a holiday and whether to permit a change of the child's surname. The court also had to consider the terms and conditions under which any overseas travel might be permitted, and the father's rights concerning the child's passport and surname.
Cohen J permitted the child to be removed from and kept outside Australia for a specified holiday period, subject to conditions including the father retaining the child's Australian passport until further order or mutual consent. The court also ordered that the father provide contact details for the child during the holiday and notify the mother of any significant changes to travel arrangements. Crucially, the mother's application to change the child's name was dismissed, and she was restrained from using or causing the child to be known by any name other than Addington. Costs were reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Jurisdiction
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Remedies
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Consent
Actions
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Citations
KOLDSJOR & ADDINGTON [2009] FamCA 944
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