MORRISH & LUKESON

Case

[2019] FamCA 239

17 April 2019


Details
AGLC Case Decision Date
MORRISH & LUKESON [2019] FamCA 239 [2019] FamCA 239 17 April 2019

CaseChat Overview and Summary

In the matter of *Morrish & Lukeson*, Berman J of the Federal Circuit and Family Court of Australia made orders concerning the parental responsibility and living arrangements for two children. The dispute centred on the allocation of parental responsibility and the practicalities of obtaining passports for the children, given the parents' apparent inability to agree on such matters.

The court was required to determine the extent of each parent's parental responsibility, particularly in relation to the children's welfare and the process of obtaining passports. The court also needed to consider the living arrangements for the children and the communication protocols between the parents regarding the children's care. The discharge of the Independent Children's Lawyer was also a matter before the court.

Berman J ordered that the mother have sole parental responsibility for the children and that the children live with her. The court further stipulated that each parent must immediately notify the other of any serious illness, injury, or emergency involving the children when they are in their care. Crucially, the mother was authorised to be the sole applicant and signatory for any passport applications for the children, exercising sole parental responsibility in relation to all necessary procedures under the relevant Commonwealth legislation. The court also ordered that a copy of these orders be provided to the Australian Passport Office and Foreign Affairs and Travel, and that the mother bear the sole responsibility for the costs of the passport applications. Finally, the appointment of the Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

1

Sigley & Evor [2011] FamCAFC 22
Baglio & Baglio [2013] FamCA 105
M v M [1988] HCA 68