MADSEN & FANCHER

Case

[2016] FCCA 142

5 February 2016


Details
AGLC Case Decision Date
Madsen and Fancher [2016] FCCA 142 [2016] FCCA 142 5 February 2016

CaseChat Overview and Summary

This matter concerned an application by Ms Madsen (the mother) seeking permission to travel internationally with her child, X. The application was heard undefended, with the court satisfied that sufficient due process had been afforded to the father. The court was asked to determine whether to grant the mother sole parental responsibility for X for the purposes of both the *Family Law Act 1975* (Cth) and the *Australian Passports Act 2005* (Cth), and to grant permission for international travel.

The court's reasoning centred on the mother's application for sole parental responsibility, which would enable her to travel internationally with X. Having been satisfied that the father had been afforded due process, the court proceeded to consider the merits of the mother's application. The court also considered a separate application for costs.

The court ordered that Ms Madsen have sole parental responsibility for the child X, born in 2008. It was further ordered that X live with her mother. The court also granted the application for costs.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

9

Statutory Material Cited

7

Allesch v Maunz [2000] HCA 40
Broughton & Broughton [2014] FamCAFC 206
Peake & Benedict (Costs) [2014] FCCA 2723