Leitch and Border

Case

[2014] FCCA 2385

17 October 2014


Details
AGLC Case Decision Date
Leitch and Border [2014] FCCA 2385 [2014] FCCA 2385 17 October 2014

CaseChat Overview and Summary

In *Leitch and Border*, heard before Judge Harland, the dispute concerned parenting arrangements for a child, X. The mother sought liberty to obtain a passport for X, with Mr N's consent to be dispensed with. The court also noted that interim orders agreed to by the parties on 1 August 2014 would continue.

The primary legal issue before the court was whether to grant the mother liberty to obtain a passport for X, and consequently, whether to dispense with Mr N's consent for this purpose. The court was also required to consider the ongoing effect of the interim parenting orders.

Judge Harland ordered that the mother be at liberty to obtain a passport for X and dispensed with Mr N's consent. The Independent Children’s Lawyer was granted liberty to relist the matter on seven days' notice to the other parties. The court further ordered that the matter be listed for mention on 28 April 2015 at 9:30 am, with the interim orders from 1 August 2014 to continue in effect.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Jurisdiction

  • Procedural Fairness

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