Tompkins and Tompkins

Case

[2016] FamCA 701

22 August 2016


Details
AGLC Case Decision Date
Tompkins and Tompkins [2016] FamCA 701 [2016] FamCA 701 22 August 2016

CaseChat Overview and Summary

In the Family Court of Australia, Justice Watts considered an urgent application made by Mr. Tompkins concerning his child, D. The dispute involved an application to restrain the respondent mother, Ms. Tompkins, from leaving the Commonwealth of Australia and from removing the child from Australia.

The court was required to determine whether to grant interim orders restraining the mother from leaving Australia and preventing the removal of the child from the Commonwealth. The application was made on an ex-parte basis, necessitating consideration of the urgency and the grounds for dispensing with service on the respondent mother at that stage.

Justice Watts made orders restraining the respondent mother from leaving the Commonwealth of Australia and from removing or attempting to remove the child from Australia. These orders were to remain in effect pending further order. The court also ordered that the mother's name be placed on the airport watch list and that the Australian Federal Police and state and territory police forces assist in giving effect to these orders. The proceedings were adjourned for mention by telephone, with liberty granted to the mother to restore the matter on 48 hours' notice. The father was ordered to serve the orders, reasons, and his application upon the mother as soon as practicable.
Details

Areas of Law

  • Family Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Judicial Review

  • Remedies

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