Tomlinson and Conlan

Case

[2019] FamCA 492

7 June 2019


Details
AGLC Case Decision Date
Tomlinson and Conlan [2019] FamCA 492 [2019] FamCA 492 7 June 2019

CaseChat Overview and Summary

This matter concerned an application by Mr Conlan (the Father) and Ms Tomlinson (the Mother) regarding their child, X. The proceedings were before Gill J in the Federal Circuit and Family Court of Australia.

The court was required to determine the living arrangements for X, including where X would reside and the time X would spend with each parent. Additionally, the court needed to consider whether to impose an injunction preventing the removal of X from Australia.

Gill J ordered that X live with the Father and be enrolled at G Town School. The court also set out specific arrangements for X to spend time with the Mother during school term and holidays. Crucially, the court issued an injunction restraining both parents, their servants, and agents from removing X from the Commonwealth of Australia for two years, requesting the Australian Federal Police to place X on the Family Law Watchlist to give effect to this order. The matter was otherwise transferred to the Registrar’s list pending further applications or directions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Appeal

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