Mahoub and Ferrante
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
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Procedural Fairness
Actions
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Citations
Mahoub and Ferrante [2013] FamCA 905
Most Recent Citation
Harrell & Lowe [2024] FedCFamC2F 1182