Mahoub and Ferrante

Case

[2013] FamCA 905

22 November 2013


Details
AGLC Case Decision Date
Mahoub and Ferrante [2013] FamCA 905 [2013] FamCA 905 22 November 2013

CaseChat Overview and Summary

This matter concerned an application before Forrest J concerning the child B Mahoub. The dispute involved the registration of the child's name and surname, and the potential removal of the child from Australia.

The court was required to determine whether to order the registration of a third first name for the child, "Ferrante," and to restrain the parents from registering the child's surname as anything other than "Mahoub." Further, the court had to consider injunctions preventing the parents from applying for a passport for the child without the other's consent, and from removing the child from Australia.

Forrest J ordered that both parents join in an application to register "Ferrante" as a third first name for the child. The court also issued injunctions restraining both parents from registering the child's surname as anything other than "Mahoub," and requiring the mother to rectify any previous incorrect registrations. Injunctions were also granted to prevent either parent from applying for a passport for the child without the other's written agreement, and to restrain both parents and their agents from removing the child from Australia. The child himself was also restrained from leaving the Commonwealth.

The court further requested the Australian Federal Police to place the child's name on the Airport Watch List to prevent his removal from Australia, with this order to cease on 22 April 2025 unless discharged earlier. The Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

1

Harrell & Lowe [2024] FedCFamC2F 1182
Cases Cited

1

Statutory Material Cited

2

Flanagan v Handcock S6/2001 [2001] HCATrans 588