Paul and Slade-Paul

Case

[2009] FamCA 1137

27 October 2009


Details
AGLC Case Decision Date
Paul and Slade-Paul [2009] FamCA 1137 [2009] FamCA 1137 27 October 2009

CaseChat Overview and Summary

In the matter of *Paul and Slade-Paul*, Justice Fowler of the Family Court of Australia considered an application concerning the proposed international travel of a child. The dispute centred on the father's request to take the child to Fiji for a specified period, and the mother's apparent opposition or non-cooperation with this travel.

The court was required to determine whether to grant the father permission to travel with the child to Fiji, and consequently, what orders were necessary to facilitate this travel and ensure the child's welfare and the mother's rights. This included considering the terms of supervision for the father's time with the child in Fiji.

Justice Fowler reasoned that the father should be permitted to take the child to Fiji between 31 October and 6 November 2009. To effectuate this, the mother was ordered to provide the child's passport and sign all necessary documents to allow the travel. The court further ordered that the father's time with the child in Fiji be supervised by specific individuals, Ms K, Ms J Paul, or Ms M, either individually or collectively. The court also noted the provisions of sections 65DA(2) and 62B of the relevant legislation, indicating that a fact sheet detailing the obligations, consequences of contravention, and support services was attached to the orders. Costs were reserved, and the matter was listed for a further interim hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Procedural Fairness

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