SELBY & DUFORT

Case

[2014] FamCA 896

29 August 2014


Details
AGLC Case Decision Date
SELBY & DUFORT [2014] FamCA 896 [2014] FamCA 896 29 August 2014

CaseChat Overview and Summary

In the matter of *Selby & Dufort*, Cronin J of the Federal Circuit Court of Australia considered an application by a mother for sole parental responsibility for the parties' child, leave to proceed without further notice to the father, and permission for the child to reside overseas. The father had not participated in the proceedings.

The court was required to determine whether to grant the mother sole parental responsibility for the child, including the child's residence and the authority to make decisions regarding the child's passport, visa, schooling, medical treatment, and religion. Additionally, the court had to consider whether to grant the mother leave to relocate the child's residence to Canada or another location outside of Australia, and whether to permit international travel for the child.

Cronin J applied the principles of the *Family Law Act 1975* (Cth), particularly those relating to the best interests of the child. Given the father's non-participation and the mother's application for sole responsibility and relocation, the court considered the evidence presented by the mother. The court granted the mother leave to proceed without further notice to the father.

The court ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that the child be permitted to travel internationally and relocate to Canada or another place outside of Australia. The mother was granted sole authority to make decisions concerning the child's residence, passport, visa, schooling, medical treatment, and religion. The application was otherwise dismissed, and particulars of the orders and consequences of contravention were set out in a fact sheet attached to the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

  • Costs

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

AMS v AIF [1999] HCA 26