Merrix and Sloane (No. 2)
Case
•
[2007] FamCA 1244
•9 October 2007
Details
AGLC
Case
Decision Date
Merrix and Sloane (No. 2) [2007] FamCA 1244
[2007] FamCA 1244
9 October 2007
CaseChat Overview and Summary
In *Merrix and Sloane (No. 2)*, Guest J of the Family Court of Australia considered applications by the wife concerning her children, C and T, and the husband's involvement in their lives. The dispute centred on the children's travel, their communication with the father, and the father's access to information regarding their schooling and medical welfare.
The court was required to determine whether the wife should be permitted to travel with the children to Vietnam, the conditions under which their passports would be handled upon their return, and the nature and frequency of communication between the children and their father. Further issues included the father's right to receive school and medical reports, and his ability to make enquiries about the children's academic progress. The court also addressed the discharge of previous orders, including the appointment of an Independent Children's Lawyer, and the disposition of costs.
Guest J ordered that the wife be at liberty to travel with the children to Vietnam between specific dates, subject to providing the Independent Children's Lawyer with itinerary and return flight details within 48 hours. Upon their return, the children's passports were to be held by the wife's solicitor for 28 days before release to the wife, unless the husband was given written notice. The court also made orders for the children to attend upon a Mr P in October 2008 to explore their relationship with the father, and for regular communication between the children and the father via telephone and mail. The wife was directed to facilitate the husband's access to all school and medical reports, and to enable him to make enquiries about the children's academic progress, at his expense. All extant applications were dismissed, and the proceedings were removed from the Active Pending Cases List, with previous orders for reserved costs and the appointment of an Independent Children's Lawyer discharged.
The court was required to determine whether the wife should be permitted to travel with the children to Vietnam, the conditions under which their passports would be handled upon their return, and the nature and frequency of communication between the children and their father. Further issues included the father's right to receive school and medical reports, and his ability to make enquiries about the children's academic progress. The court also addressed the discharge of previous orders, including the appointment of an Independent Children's Lawyer, and the disposition of costs.
Guest J ordered that the wife be at liberty to travel with the children to Vietnam between specific dates, subject to providing the Independent Children's Lawyer with itinerary and return flight details within 48 hours. Upon their return, the children's passports were to be held by the wife's solicitor for 28 days before release to the wife, unless the husband was given written notice. The court also made orders for the children to attend upon a Mr P in October 2008 to explore their relationship with the father, and for regular communication between the children and the father via telephone and mail. The wife was directed to facilitate the husband's access to all school and medical reports, and to enable him to make enquiries about the children's academic progress, at his expense. All extant applications were dismissed, and the proceedings were removed from the Active Pending Cases List, with previous orders for reserved costs and the appointment of an Independent Children's Lawyer discharged.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Remedies
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Stay of Proceedings
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