SCRANTON & SCRANTON

Case

[2015] FamCA 496

29 June 2015


Details
AGLC Case Decision Date
SCRANTON & SCRANTON [2015] FamCA 496 [2015] FamCA 496 29 June 2015

CaseChat Overview and Summary

The case of Scranton & Scranton involved an application by the mother for permission to travel to the United States with the parties' two children, born in 2000 and 2003, during the period of 11 July 2015 to 2 August 2015. The father had filed a response which included an application for interim orders. The proceedings were before Hannam J of the Family Court of Australia.

The primary legal issue before the court was whether to grant the mother's application for international travel for the children, and consequently, the release of their passports. Ancillary to this, the court was required to consider the father's application for interim orders and the terms of communication and contact between the parties regarding the children.

Hannam J reasoned that the mother's application for travel should be granted, ordering the release of the children's passports to facilitate the trip and their return upon arrival back in Sydney. The court also made orders concerning communication, requiring the mother to provide a mobile telephone number and an email address for the purpose of communication solely related to the children's welfare, travel, and the proceedings. The father's application for interim orders was otherwise dismissed, and his application for final orders was withdrawn and dismissed. The mother's application for final orders was adjourned for a date to be fixed, with directions for filing and service of amended applications and responses. Leave was granted for the father to appear on the next occasion by video link.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Scranton and Scranton [2010] FMCAfam 1160
Goode & Goode [2006] FamCA 1346