Talisman & Roy
Case
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[2008] FamCA 1188
•19 December 2008
Details
AGLC
Case
Decision Date
Talisman & Roy [2008] FamCA 1188
[2008] FamCA 1188
19 December 2008
CaseChat Overview and Summary
The proceedings involved a father and mother concerning their children, C and M. The court made orders in the absence of the father, who had appeared in person during the trial. The mother resides in D with the children, born in 2004 and 2005 respectively.
The court was required to determine the living arrangements for the children, the allocation of parental responsibility, the extent of the father's time with the children, and the ability of the mother to travel with the children internationally. Further issues included the children's names, the issuance of passports, and the discharge of the Independent Children's Lawyer.
The court ordered the discharge of all previous orders and that C and M live with the mother, who was granted sole parental responsibility. The father's time with the children was significantly restricted to a maximum of two consecutive days per fortnight at a supervised contact service, with specific arrangements to be made by the father. Both parents were restrained from removing the children from Australia, with the exception that the mother could take them to New Zealand for periods not exceeding three weeks. The Australian Federal Police were requested to place the children on the Airport Watch List. The mother was permitted to use alternative names for the children but was restrained from changing their registered birth names. Leave was granted for the issuance of passports for the children, dispensing with the father's consent, and a Registrar was appointed to execute necessary documents in lieu of the father. The appointment of the Independent Children's Lawyer was discharged, and all other applications were dismissed.
The court was required to determine the living arrangements for the children, the allocation of parental responsibility, the extent of the father's time with the children, and the ability of the mother to travel with the children internationally. Further issues included the children's names, the issuance of passports, and the discharge of the Independent Children's Lawyer.
The court ordered the discharge of all previous orders and that C and M live with the mother, who was granted sole parental responsibility. The father's time with the children was significantly restricted to a maximum of two consecutive days per fortnight at a supervised contact service, with specific arrangements to be made by the father. Both parents were restrained from removing the children from Australia, with the exception that the mother could take them to New Zealand for periods not exceeding three weeks. The Australian Federal Police were requested to place the children on the Airport Watch List. The mother was permitted to use alternative names for the children but was restrained from changing their registered birth names. Leave was granted for the issuance of passports for the children, dispensing with the father's consent, and a Registrar was appointed to execute necessary documents in lieu of the father. The appointment of the Independent Children's Lawyer was discharged, and all other applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Remedies
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Procedural Fairness
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Appeal
Actions
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Citations
Talisman & Roy [2008] FamCA 1188
Cases Citing This Decision
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Statutory Material Cited
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