PICOT & MERCER
Case
•
[2015] FamCA 508
•2 July 2015
Details
AGLC
Case
Decision Date
PICOT & MERCER [2015] FamCA 508
[2015] FamCA 508
2 July 2015
CaseChat Overview and Summary
In *Picot & Mercer*, heard before Foster J, the dispute concerned parenting orders for two children, B and C. The Applicant Mother sought to discharge existing orders and obtain sole parental responsibility, with the children living with her and liberty to relocate them to the United States. The Respondent Father's position is not detailed in the provided text, but the orders indicate a divergence of views regarding the children's living arrangements and international relocation.
The central legal issues before the court were whether to discharge previous parenting orders, whether to grant the Applicant Mother sole parental responsibility, and whether to permit the relocation of the children to the United States. The court was also required to determine the nature of the children's time and communication with the Respondent Father, and the process for obtaining passports for the children.
Foster J ordered the discharge of all previous parenting orders. The Applicant Mother was granted sole parental responsibility for both children, B and C, and the children were ordered to live with her. Crucially, the Applicant Mother was granted liberty to remove the children from Australia to relocate to the United States. The court further ordered that the children spend time and communicate with the Respondent Father in accordance with the children's wishes from time to time. Finally, the Applicant Mother was permitted to apply for passports for B and C without the Respondent Father's consent.
The central legal issues before the court were whether to discharge previous parenting orders, whether to grant the Applicant Mother sole parental responsibility, and whether to permit the relocation of the children to the United States. The court was also required to determine the nature of the children's time and communication with the Respondent Father, and the process for obtaining passports for the children.
Foster J ordered the discharge of all previous parenting orders. The Applicant Mother was granted sole parental responsibility for both children, B and C, and the children were ordered to live with her. Crucially, the Applicant Mother was granted liberty to remove the children from Australia to relocate to the United States. The court further ordered that the children spend time and communicate with the Respondent Father in accordance with the children's wishes from time to time. Finally, the Applicant Mother was permitted to apply for passports for B and C without the Respondent Father's consent.
Details
Key Legal Topics
Areas of Law
-
Family Law
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Citations
PICOT & MERCER [2015] FamCA 508
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
1
Lange v Australian Broadcasting Corporation
[1997] HCA 25
Taylor & Barker
[2007] FamCA 1246
AMS v AIF
[1999] HCA 26