RAWLINGS & HAWES
Case
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[2015] FCCA 2118
•5 August 2015
Details
AGLC
Case
Decision Date
Rawlings and Hawes [2015] FCCA 2118
[2015] FCCA 2118
5 August 2015
CaseChat Overview and Summary
In the matter of *Rawlings & Hawes*, heard before Judge Scarlett, the dispute concerned the parental responsibility and living arrangements for a child, [X], born in 2011. The proceedings involved the Father, Mr Rawlings, and the Mother, Ms Hawes.
The court was required to determine several critical issues, including who should have sole parental responsibility for the child, where the child should live, and the nature and supervision of the child's time spent with the Mother. Furthermore, the court needed to address the urgent need to prevent the child's removal from Australia and to place the child on the Family Law Watch List.
Judge Scarlett ordered that the Father, Mr Rawlings, have sole parental responsibility for the child, [X], and that the child live with him. The child was to spend time with his mother in Australia at times agreed between the parties, with supervision by either the Father or the maternal grandmother, Ms C. The child was also to spend time with Ms C as agreed between her and the Father. Crucially, the Mother was restrained from removing or attempting to remove the child from the Commonwealth of Australia, and the Australian Federal Police were requested to give effect to this order. The child's name was to be placed on the Family Law Watch List at all points of arrival and departure in Australia, with the Watch List entry lapsing 12 months from the date of the order unless the Court otherwise ordered.
The court was required to determine several critical issues, including who should have sole parental responsibility for the child, where the child should live, and the nature and supervision of the child's time spent with the Mother. Furthermore, the court needed to address the urgent need to prevent the child's removal from Australia and to place the child on the Family Law Watch List.
Judge Scarlett ordered that the Father, Mr Rawlings, have sole parental responsibility for the child, [X], and that the child live with him. The child was to spend time with his mother in Australia at times agreed between the parties, with supervision by either the Father or the maternal grandmother, Ms C. The child was also to spend time with Ms C as agreed between her and the Father. Crucially, the Mother was restrained from removing or attempting to remove the child from the Commonwealth of Australia, and the Australian Federal Police were requested to give effect to this order. The child's name was to be placed on the Family Law Watch List at all points of arrival and departure in Australia, with the Watch List entry lapsing 12 months from the date of the order unless the Court otherwise ordered.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
Actions
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Citations
Rawlings and Hawes [2015] FCCA 2118
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Statutory Material Cited
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