Noseki and Noseka

Case

[2012] FamCA 480

20 June 2012


Details
AGLC Case Decision Date
NOSEKI & NOSEKA [2012] FamCA 480 [2012] FamCA 480 20 June 2012

CaseChat Overview and Summary

In the matter of *Noseki and Noseka*, Watts J considered an urgent application by the father, Mr Noseki, for permission to remove the child, L, from Australia for holidays. The application was made in circumstances where efforts to contact the mother were unsuccessful.

The primary legal issue before the court was whether to grant the father's request to suspend an existing Watch List Order to permit the child's international travel. The court was also required to determine the specific terms and conditions under which such travel would be permitted, including the dates of departure and return, and the necessary steps to ensure the child's removal from the Airport Watch List.

Watts J reasoned that the father's application was urgent and that the existing Watch List Order needed to be temporarily suspended to facilitate the proposed holiday. The court ordered that the father be permitted to remove L from Australia between 20 June 2012 and 17 July 2012, and that the Australian Federal Police remove L from the Airport Watch List accordingly. The court also directed the father to provide the mother with copies of the application, affidavit, and the orders made, by leaving them at a specified contact centre on the child's next scheduled visit. The orders were made pursuant to relevant sections of the legislation, with particulars of obligations and consequences for contravention set out in an attached Fact Sheet.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

  • Injunction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1