PARRIS & JOHNSTONE

Case

[2015] FCCA 2862

23 October 2015


Details
AGLC Case Decision Date
Parris and Johnstone [2015] FCCA 2862 [2015] FCCA 2862 23 October 2015

CaseChat Overview and Summary

In the matter of Parris & Johnstone, heard before Judge Scarlett, the dispute concerned parenting arrangements for a child, X, born in 2011. The orders made by the court addressed issues of parental responsibility, the child's time with each parent, and international travel.

The court was required to determine the extent of shared parental responsibility, the specific arrangements for the child's time with the father, including overseas travel, and the conditions to be imposed to safeguard the child's welfare and ensure his return to Australia. Further issues included the management of the child's passport and communication between the child and the mother during periods of time with the father.

Judge Scarlett ordered that the parties have equal shared parental responsibility for the child. The father was permitted to spend time with the child between 15 December 2015 and 8 January 2016, and to travel with the child to a specified country from 17 December 2015 to 1 January 2016. This international travel was conditional upon the father providing the mother with a copy of the child's return airline ticket, a detailed itinerary with accommodation details, and depositing $200,000 into the mother's solicitors' trust account. These funds were to be returned to the father within 72 hours of their return to Australia, unless the father failed to return by 3 January 2016 (barring illness or travel cancellations), in which case the mother's solicitors could release the funds for legal proceedings to secure the child's return. The father was to retain possession of the child's passport, but could only use it for travel in accordance with court orders or written agreement. Finally, while the child was in the father's care, he was required to ensure the child communicated with the mother at least every two days.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Jurisdiction

  • Injunction

  • Procedural Fairness

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Cases Citing This Decision

1

PARRIS & JOHNSTONE (No.2) [2015] FCCA 3063
Cases Cited

0

Statutory Material Cited

2