Krawiec and Haykal

Case

[2015] FamCA 1218

18 December 2015


Details
AGLC Case Decision Date
Krawiec and Haykal [2015] FamCA 1218 [2015] FamCA 1218 18 December 2015

CaseChat Overview and Summary

In *Krawiec and Haykal*, heard before Johnston J, the dispute concerned an application by the mother for permission to remove the child, N, from Australia for a holiday to the United States of America. The application was opposed by the father.

The central legal issue before the court was whether to grant the mother's request to temporarily remove the child from Australia, considering the father's objection. This involved assessing the best interests of the child in the context of a proposed short-term international travel arrangement.

Johnston J granted the mother permission to remove N from Australia for a holiday to the United States, departing on 12 January 2016 and returning on 28 January 2016. The court ordered that the child's passport be released to the mother and permitted her to apply for a replacement Australian passport for N without the father's signature, requesting assistance from relevant Commonwealth authorities. The child's passport was to be returned to the Registry Manager within seven days of their return to Sydney, and the costs of the Independent Child's Lawyer were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

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