Narkis and Narkis (No 3)
Case
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[2017] FamCA 184
•27 March 2017
Details
AGLC
Case
Decision Date
Narkis and Narkis (No 3) [2017] FamCA 184
[2017] FamCA 184
27 March 2017
CaseChat Overview and Summary
In the matter of *Narkis and Narkis (No 3)*, Cronin J of the Family Court of Australia made orders concerning the living arrangements and parental responsibility for a child, B, following applications for parenting orders. The dispute involved the husband and wife regarding the future care and upbringing of their child.
The court was required to determine where the child, B, would live, who would have sole parental responsibility for major long-term decisions, and whether the husband should be permitted to take the child from Australia to live in the United States of America. The court also considered the extent of information to be shared between the parents regarding the child's welfare and location.
Cronin J ordered that B live with the husband from 31 March 2017, granting the husband sole parental responsibility for major long-term decisions. Crucially, the court granted the husband permission, pursuant to s 65Z(2)(b) of the *Family Law Act 1975* (Cth), to take B from Australia to live in the United States and to travel internationally with her. The husband was directed to inform the wife of B's residential address and school, and to authorise the school to provide the wife with progress reports, provided the wife reciprocated by providing her residential address in writing. The court also noted that particulars of the obligations and consequences of contravention of these orders were set out in an attached Fact Sheet, pursuant to ss 65DA(2) and 62B of the *Family Law Act 1975* (Cth). The applications for parenting orders were otherwise dismissed.
The court was required to determine where the child, B, would live, who would have sole parental responsibility for major long-term decisions, and whether the husband should be permitted to take the child from Australia to live in the United States of America. The court also considered the extent of information to be shared between the parents regarding the child's welfare and location.
Cronin J ordered that B live with the husband from 31 March 2017, granting the husband sole parental responsibility for major long-term decisions. Crucially, the court granted the husband permission, pursuant to s 65Z(2)(b) of the *Family Law Act 1975* (Cth), to take B from Australia to live in the United States and to travel internationally with her. The husband was directed to inform the wife of B's residential address and school, and to authorise the school to provide the wife with progress reports, provided the wife reciprocated by providing her residential address in writing. The court also noted that particulars of the obligations and consequences of contravention of these orders were set out in an attached Fact Sheet, pursuant to ss 65DA(2) and 62B of the *Family Law Act 1975* (Cth). The applications for parenting orders were otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
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Most Recent Citation
Narkis & Narkis (No 3) [2019] FamCA 278
Cases Citing This Decision
2
Narkis & Narkis (No 3)
[2019] FamCA 278
Narkis and Narkis and Anor (No. 2)
[2018] FamCA 1026