Marta and Marta

Case

[2009] FamCA 1380

18 September 2009


Details
AGLC Case Decision Date
Marta and Marta [2009] FamCA 1380 [2009] FamCA 1380 18 September 2009

CaseChat Overview and Summary

In the matter of *Marta and Marta*, heard by Cohen J, the husband sought orders for the parties' children to travel to Switzerland during the Christmas period of 2009-2010. The wife opposed this application.

The central legal issue before the court was whether to grant the husband's application for the children's international travel, considering the existing circumstances and the need for further expert evidence. The court also had to determine the process for obtaining and releasing an updated expert report.

Cohen J dismissed the husband's application for the children to travel to Switzerland. The court ordered that an updated or final report be prepared by Dr Q, with the parties directed to cooperate with her. The report was to be forwarded to the judge's associate for a determination on its release. The matter was not to be relisted until after the parties advised the associate of the report's anticipated completion date, and the case was stood over for a further five-day hearing, part heard.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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