SHORT & KEANE

Case

[2015] FCCA 2891

23 October 2015


Details
AGLC Case Decision Date
Short and Keane [2015] FCCA 2891 [2015] FCCA 2891 23 October 2015

CaseChat Overview and Summary

In the matter of *Short & Keane*, heard by Judge Scarlett, the Applicant Mother sought permission to take the child, X, born in 2009, on a holiday to a country outside of Australia. The proposed travel dates were from Sunday 8 November to Friday 27 November 2015. The Father was presumably the respondent in this application.

The primary legal issue before the Court was whether to grant the Applicant Mother's request for the child to travel internationally, and if so, under what conditions. This involved considering the best interests of the child and the practical arrangements for the child's return and subsequent arrangements between the parents.

Judge Scarlett ordered that the Applicant Mother be permitted to take the child X out of Australia for the specified holiday period, with the condition that the child must be returned to Australia no later than 27 November 2015. The Court also directed that the child's passport be released to the Applicant Mother. Further, the Mother was ordered to negotiate make-up time with the Father within seven days of the child's return to compensate for the missed time. The Court also mandated attendance at a Child Dispute Conference, as provided by Section 11F of the *Family Law Act 1975*, and adjourned the substantive application for mention on 7 December 2015.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

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