Sables and Edmondson (No.2)

Case

[2018] FCCA 1800

6 July 2018


Details
AGLC Case Decision Date
Sables and Edmondson (No.2) [2018] FCCA 1800 [2018] FCCA 1800 6 July 2018

CaseChat Overview and Summary

In *Sables and Edmondson (No.2)*, Judge Neville considered an application by the Mother for permission to take the child, [X], born in 2009, to reside outside of Australia in a specified country for the duration of her posting there, commencing in January 2018. The Father opposed this application.

The central legal issue before the court was whether it was in the best interests of the child for him to relocate overseas with his Mother for an extended period, and if so, what arrangements should be put in place to ensure the child maintained a meaningful relationship with his Father. This involved determining appropriate communication protocols, visitation schedules, and the allocation of travel costs associated with these arrangements.

Judge Neville's reasoning focused on balancing the Mother's need to relocate for her posting with the child's right to maintain a relationship with his Father. The court ordered that the Mother be permitted to take the child to reside overseas for the period of her posting, subject to detailed provisions for communication and time spent with the Father. These included regular telecommunication, three annual periods of 12 days with the Father (two in Sydney), and provisions for accompanied and unaccompanied travel at the Mother's expense. The Mother was also permitted to travel with the child to other countries with prior written notice to the Father.

The court made specific orders regarding communication, including Skype or other telecommunication methods at agreed times or at 6:00 pm Honiara time each Tuesday and Sunday, and liberty for the child to contact the Father at any reasonable time. The Father was also required to provide 21 days' notice if he proposed to travel to the country of the Mother's posting. The parties were ordered to bear their own costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

EDMONDSON & SABLES [2015] FCCA 3367
McAuliffe and Davies [2010] FMCAfam 1481