POLLARD & MOLLOY

Case

[2013] FamCA 394

20 May 2013


Details
AGLC Case Decision Date
POLLARD & MOLLOY [2013] FamCA 394 [2013] FamCA 394 20 May 2013

CaseChat Overview and Summary

In the matter of Pollard & Molloy, Ms Pollard, the applicant mother, sought orders from Rees J concerning her child, C. The dispute centred on the father, Mr Molloy's, refusal to consent to the child obtaining a passport and a Green Card for permanent residency in the United States.

The court was required to determine whether to grant the mother leave to renew the child's passport without the father's consent or signature, and whether to permit the mother to sign all necessary documents for the child to obtain a Green Card for the United States. Additionally, the court considered the appointment of an independent children's lawyer.

Rees J ordered that the mother have leave to renew the child's passport and to sign all documents required by the United States Consulate for the child to obtain a Green Card, notwithstanding the father's lack of consent. The court also ordered the appointment of an independent children's lawyer for the child, requesting the Legal Aid Commission of New South Wales to arrange this representation. Further directions were given regarding the provision of documents to the independent children's lawyer and the potential for relisting the matter for a Family Report.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Procedural Fairness

  • Standing

  • Costs

  • Remedies

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