Neall and Ramo

Case

[2019] FamCA 968

10 December 2019


Details
AGLC Case Decision Date
Neall and Ramo [2019] FamCA 968 [2019] FamCA 968 10 December 2019

CaseChat Overview and Summary

In the matter of Neall and Ramo, heard before Bennett J, the dispute concerned the welfare and location of a child, X, born in 2016. The applicant wife, Ms Neall, sought orders regarding the child's residence and protection from removal from Australia, while the respondent husband, Mr Ramo, was also involved in the proceedings.

The court was required to determine several legal issues, including the primary residence of the child, whether the child should be restrained from leaving the Commonwealth of Australia, and the procedural steps necessary to ensure the child's interests were independently represented. The court also needed to consider the potential application of the 1980 Hague Convention on the Civil Aspects of International Child Abduction and set a timetable for final hearing and the filing of further documents.

Bennett J ordered that the child X live with the wife in Australia and that both parties, their servants, and agents be restrained from removing or attempting to remove the child from the Commonwealth of Australia. The court requested the Australian Federal Police to place the child's name on the Airport Watch List. Furthermore, the court ordered that the child's interests be independently represented by a lawyer, requesting Victoria Legal Aid to arrange such representation. The matter was listed for mention and subsequently fixed for a final hearing, with specific deadlines set for the parties to file and serve applications and affidavits.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

Actions
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Most Recent Citation
NEALL & RAMO [2020] FamCA 1008

Cases Citing This Decision

1

NEALL & RAMO [2020] FamCA 1008
Cases Cited

0

Statutory Material Cited

1