Strahan & Strahan (No 8)

Case

[2009] FamCA 1109

5 November 2009


Details
AGLC Case Decision Date
Strahan & Strahan (No 8) [2009] FamCA 1109 [2009] FamCA 1109 5 November 2009

CaseChat Overview and Summary

In *Strahan & Strahan (No 8)*, the husband sought an interim injunction to prevent the wife from travelling overseas with the child before the commencement of school holidays. The wife had sought permission to travel with the child prior to the end of the school year, which coincided with the husband's application for orders regarding time with the child at his school.

The central legal issue before the court was whether to grant an injunction restraining the wife from travelling overseas with the child. This required the court to consider the practical implications of the wife's proposed travel on the husband's recently ordered time with the child, particularly given the limited timeframe before the end of the school year.

Strickland J reasoned that if the wife and child were permitted to travel overseas as planned, there would be insufficient time for the husband to exercise the time with the child that had been ordered by the court. The judge noted that deferring the husband's time until the New Year was not a viable alternative. Consequently, the court granted the injunction, restraining the wife from taking the child overseas prior to the commencement of the school holidays.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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