TANNER & SHIMIZU

Case

[2010] FamCA 850

24 September 2010


Details
AGLC Case Decision Date
TANNER & SHIMIZU [2010] FamCA 850 [2010] FamCA 850 24 September 2010

CaseChat Overview and Summary

In the matter of *Tanner & Shimizu*, heard before Ainslie-Wallace J, the dispute concerned the possession of a child's passport and the conditions under which the child could travel overseas. The mother, Ms Tanner, sought orders regarding the passport and international travel, while the father, Mr Shimizu, was also a party to the proceedings.

The court was required to determine whether to grant the mother possession of the child's passport and under what conditions the child could be taken out of Australia. Specifically, the court had to consider the balance of parental rights and responsibilities concerning the child's travel documents and international movement.

Ainslie-Wallace J ordered that the mother be permitted to retain possession of the child's passport, with the exception of times when the child was travelling with either parent or for other agreed purposes. Furthermore, the court permitted the mother to take the child overseas, provided that at least 28 days prior to the intended travel, she furnished the father with a detailed itinerary, including dates of departure and arrival at each destination, and evidence of a paid return ticket for the child.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Remedies

  • Injunction

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