TIPPER & TODD (No.2)

Case

[2016] FCCA 1542

22 June 2016


Details
AGLC Case Decision Date
Tipper and Todd (No.2) [2016] FCCA 1542 [2016] FCCA 1542 22 June 2016

CaseChat Overview and Summary

In the matter of *Tipper & Todd (No.2)*, Judge Scarlett considered applications by the Mother and Father concerning parenting orders for their child, X. The dispute involved variations to existing orders regarding school holidays and communication, as well as significant orders relating to the child's passport and international travel.

The court was required to determine the terms of parenting orders for future Christmas/January school holidays, the frequency and timing of the Mother's communication with the child, and the arrangements for the child's passport. Crucially, the court also had to consider orders to prevent the child's removal from Australia and the placement of the child's name on the Family Law Watch List, along with the conditions under which the passport could be released or international travel permitted.

Judge Scarlett applied the "slip rule" to amend the existing orders concerning holiday arrangements and communication, rectifying what appeared to be an error in the previous orders. The court then made substantial orders regarding the child's passport, directing it to be held by the Registrar for two years, with provisions for its release upon joint written authority or further court order. Furthermore, both parents were restrained from removing the child from Australia for two years without consent or a court order, and the Australian Federal Police were requested to place the child on the Family Law Watch List for the same period. The orders also stipulated a notice period and information disclosure requirements for any future international travel with the child.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Consent

  • Injunction

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Tipper and Todd [2014] FCCA 1544
Tipper and Todd (No.2) [2014] FCCA 2231