RODA & RODA (NO.2)

Case

[2015] FamCA 727

17 August 2015


Details
AGLC Case Decision Date
RODA & RODA (NO.2) [2015] FamCA 727 [2015] FamCA 727 17 August 2015

CaseChat Overview and Summary

In *Roda & Roda (No. 2)*, the applicant mother sought permission from the court to send her child, T, to Country U for a period of study from 29 August 2015 to 30 June 2016. The court was required to determine whether to grant this permission and, consequently, to suspend previous court orders concerning the child for the duration of the proposed overseas stay.

The central legal issue before McClelland J was the welfare and best interests of the child, T, in the context of a proposed period of international travel and study. This involved balancing the mother's request with any potential implications for the child's well-being and existing family relationships.

McClelland J granted the application, permitting the child to travel to Country U as requested. The court ordered that all previous orders concerning the child be suspended for the period of travel. The court noted that the applicant mother would bear the additional expenses of the child's travel and study, and expressed a desirable, though not mandated, outcome that the child have an opportunity to visit his half-brother, P, before departing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Remedies

  • Injunction

  • Costs

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

RODA & RODA [2014] FamCA 943