Valencina and Piero

Case

[2009] FamCA 935

30 September 2009


Details
AGLC Case Decision Date
Valencina and Piero [2009] FamCA 935 [2009] FamCA 935 30 September 2009

CaseChat Overview and Summary

In the matter of *Valencina and Piero*, heard by Cohen J, the dispute concerned the father's application for orders regarding the proposed international travel of the child. The mother sought to take the child, born in Columbia and holding dual Australian and Columbian citizenship, to Columbia for a holiday. The father's primary concern was ensuring the child's return to Australia.

The court was required to determine whether to grant the mother leave to take the child to Columbia, and if so, what conditions should be imposed to secure the child's return to Australia by a specified date. Further issues included the father's obligations in facilitating the child's travel, the handling of passports, and arrangements for communication and the child's residence upon return. The court also considered provisions for the father to seek recovery of expenses should the child not be returned as ordered.

Cohen J ordered that the mother be entitled to take the child to Columbia from 17 November 2009 until 13 January 2010, provided she lodged $50,000 as security for the child's return. The father was ordered to execute necessary documents for the child's passports, and the mother was to inform the father upon lodging the security. Provisions were made for telephone contact and for the child to reside with the father upon her return, after which the security would be released. In the event of the child's non-return, the father was granted leave to apply ex parte for the security to cover his expenses. Costs were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Consent

  • Remedies

  • Jurisdiction

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