Mosman & Taylor Mosman - [2018] FamCA 842

FAMILY COURT OF AUSTRALIA

MOSMAN & TAYLOR-MOSMAN

[2018] FamCA 842

FAMILY LAW – CHILDREN – Orders to allow the issue of passports without a parent’s consent – source of power – consequences of determining the matter by reference to each - children currently living overseas – summary disposal.

Australian Passports Act 2005 s 11
Family Law Act 1975 (Cth) ss 60CC, 61DA, 64B, 67ZC

Withers v Russell & Anor [2016] FAMCA 793
ZP & PS (1994) 68 ALJR 554

APPLICANT:

Ms Mosman

RESPONDENT:

Mr Taylor-Mosman

FILE NUMBER:

CAC

1779

2018

DATE DELIVERED:

19 October 2018

PLACE DELIVERED:

Canberra

PLACE HEARD:

Canberra

JUDGMENT OF:

Gill J

HEARING DATE:

15 October 2018

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Ms Leslie, Dobinson Davey Clifford Simpson

SOLICITOR FOR THE RESPONDENT:

Self-representing

Orders

X (born … 2013), and Y (born … 2015) (“the children”) are permitted to have Australian passports.
The mother, Ms Mosman, is permitted to obtain and renew the children’s passports in accordance with, and facilitation of the above order, without the consent of the children’s father, Mr Taylor-Mosman.
X (born … 2013), and Y (born … 2015) (“the children”) are permitted to travel internationally with the mother.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Mosman & Taylor-Mosman has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 1779 of 2018

Ms Mosman

Applicant

And

Mr Taylor-Mosman

Respondent

REASONS FOR JUDGMENT

This matter comes before the Court for an application by the Mother in relation to the issuing of Australian passports for her two children, X, born in 2013 and Y, born in 2015, and for orders for international travel for the children.
The context of the application is that the Mother is an Australian citizen, the Father a citizen of Country B in Africa. They met and formed a relationship in Indonesia, subsequently moving to Country C in Asia and marrying. The children are children of that relationship. The Mother and children live in Country C, which is the place of the Mother's employment with a multinational company. The Father is currently in Country C.
The relationship ended between the parties in October 2017. There were subsequently court proceedings conducted in Country C. Although at times the Father engaged legal representation, orders were ultimately made on an ex parte basis. The parties disagree about the scope for the Father to have participated in those proceedings, although even on the Father’s material he was involved in negotiations preceding the court proceedings. While the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Mosman & Taylor Mosman

Details

AGLC: Mosman & Taylor Mosman [2018] FamCA 842
Case: [2018] FamCA 842
Decision Date: 19 October 2018

CaseChat Overview and Summary

In the matter of *Mosman & Taylor Mosman*, heard by Gill J, the dispute concerned the ability of the mother, Ms Mosman, to obtain Australian passports for her two children, X and Y, and to travel internationally with them, without the consent of the children's father, Mr Taylor-Mosman.

The central legal issue before the court was whether to grant permission for the children to be issued with Australian passports and to travel internationally with their mother, notwithstanding the father's lack of consent. This required the court to consider the best interests of the children in the context of their right to hold Australian passports and to travel.

Gill J reasoned that the children, being Australian citizens, were entitled to hold Australian passports. The court determined that permitting the children to have passports and to travel internationally with their mother was in their best interests. Consequently, the court ordered that the children be permitted to have Australian passports and to travel internationally with Ms Mosman, and that Ms Mosman be permitted to obtain and renew these passports without the father's consent.

Orders

Orders of the court

X (born … 2013), and Y (born … 2015) (“the children”) are permitted to have Australian passports.

The mother, Ms Mosman, is permitted to obtain and renew the children’s passports in accordance with, and facilitation of the above order, without the consent of the children’s father, Mr Taylor-Mosman.

X (born … 2013), and Y (born … 2015) (“the children”) are permitted to travel internationally with the mother.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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