Ready & Ready

Case

[2021] FamCA 331

21 May 2021


Details
AGLC Case Decision Date
Ready & Ready [2021] FamCA 331 [2021] FamCA 331 21 May 2021

CaseChat Overview and Summary

In the matter of *Ready & Ready*, Hogan J of the Family Court of Australia considered an application by the father seeking to vary final parenting orders made in January 2020. These original orders permitted the mother to relocate the children to live with her in Ireland. However, due to the COVID-19 pandemic, the mother and children remained in Australia. The father's application, filed in October 2020, sought consent for the relocation to Ireland and changes to the children's time with him. The mother, in response, sought summary dismissal of the father's application and an order compelling the father not to place the children's names on any Australian or Irish watch lists.

The court was required to determine whether the father's Initiating Application should be summarily dismissed, and whether injunctions should be granted to restrain the father from placing the children's names on family law watch lists in Australia and Ireland. The mother's request for an order compelling the father to ensure the children's names were not placed on such lists was also before the court.

Hogan J applied principles relating to summary dismissal and the court's power to issue injunctions under section 68B of the *Family Law Act 1975* (Cth). The court found that the father's application was unlikely to succeed and that it was appropriate to dismiss it summarily. The court also determined that the father's actions in relation to watch lists were vexatious and that injunctions were necessary to prevent potential harm to the children and their ability to travel.

The court ordered that the father be restrained from placing the children's names on any family law watch list in Australia or Ireland. The father's Initiating Application was dismissed, as was the mother's Response to Initiating Application, save for the orders made regarding the injunctions. Provisions were also made for the parties to make submissions regarding costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Summary Judgment

  • Jurisdiction

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Cases Citing This Decision

1

Ready & Ready [2021] FedCFamC1F 197
Cases Cited

1

Statutory Material Cited

1

Fox v Percy [2003] HCA 22