Trieste and Nettles (No 2)

Case

[2017] FamCA 577

31 July 2017


Details
AGLC Case Decision Date
Trieste and Nettles (No 2) [2017] FamCA 577 [2017] FamCA 577 31 July 2017

CaseChat Overview and Summary

In *Trieste and Nettles (No 2)*, the Federal Circuit and Family Court of Australia considered parenting orders concerning two children, D and E, born in 2015. The dispute involved the mother's application for sole parental responsibility and permission to relocate the children to New Zealand, and the father's response.

The court was required to determine whether to discharge existing parenting orders and, if so, what new orders should be made regarding the children's living arrangements, parental responsibility for long-term decisions, international travel, and communication between the children and the father. The court also considered the role of an independent children's lawyer and the disposition of the parties' respective applications.

Cronin J discharged all existing parenting orders. The mother was granted sole parental responsibility for all major long-term decisions concerning the children, including the liberty to seek an Australian passport without further reference to the father. The children were ordered to live with the mother forthwith. Pursuant to section 65Y(2) of the *Family Law Act 1975* (Cth), the mother was granted permission to take the children from Australia to travel internationally and to have them live with her in New Zealand. The father was restrained by injunction from having any time with or communication with the children, except for sending gifts to an address nominated by the mother. The appointment of the independent children's lawyer was discharged, and both the mother's application filed on 16 May 2016 and the father's response filed on 31 May 2016 were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

1

Re E (Children) (FC) [2011] UKSC 27