Polson and Suarez and Anor

Case

[2017] FamCA 187

10 March 2017


Details
AGLC Case Decision Date
Polson and Suarez and Anor [2017] FamCA 187 [2017] FamCA 187 10 March 2017

CaseChat Overview and Summary

In *Polson and Suarez*, the Family Court of Australia considered orders concerning the parental responsibility, living arrangements, and contact with a child, B. The proceedings involved the mother and the father, with the maternal grandmother also having a role in the child's life.

The central legal issues before the Court were the determination of sole parental responsibility for the child, where the child should live, and the nature and extent of the father's contact with the child. The Court also had to consider provisions for the child spending time with the maternal grandmother and the conditions under which the father could seek to spend time with the child in Australia, including notice requirements and restrictions on international travel.

Justice Carew ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The father was granted liberty to contact the child by telephone at all reasonable times. The child was to spend time with the maternal grandmother at all reasonable times as agreed between the parties. The Court further stipulated that if the father wished to spend time with the child in Australia, he must provide the mother with at least sixty days' notice of his travel plans, itinerary, and contact details. An injunction was issued restraining the father from taking the child within 500 metres of an international departure point without the mother's written consent. All outstanding applications were removed from the pending cases list.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Baghti & Baghti [2015] FamCAFC 71