Wakely and Enell
Case
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[2007] FamCA 1023
•28 August 2007
Details
AGLC
Case
Decision Date
Wakely and Enell [2007] FamCA 1023
[2007] FamCA 1023
28 August 2007
CaseChat Overview and Summary
In *Wakely and Enell*, heard by Guest J, the dispute concerned orders relating to a child born in December 2004. The court made orders regarding the child's time spent with the husband and, crucially, imposed restraints on the removal of the child from the Commonwealth of Australia.
The primary legal issues before the court were the terms and conditions of the husband's time with the child, and the prevention of the child's international travel. The court was required to determine whether to grant an application by the husband and to make orders for the protection of the child.
Guest J ordered that the husband spend time with the child on terms to be agreed or ordered by the Court. Significantly, the court restrained both parties from removing, or permitting the removal of, the child from Australia. To give effect to this, the Australian Federal Police were directed to place the child's name on the Airport Watch list at all points of arrival and departure within the Commonwealth. The husband's application was adjourned for further hearing, with directions for service of documents and filing of responses.
The primary legal issues before the court were the terms and conditions of the husband's time with the child, and the prevention of the child's international travel. The court was required to determine whether to grant an application by the husband and to make orders for the protection of the child.
Guest J ordered that the husband spend time with the child on terms to be agreed or ordered by the Court. Significantly, the court restrained both parties from removing, or permitting the removal of, the child from Australia. To give effect to this, the Australian Federal Police were directed to place the child's name on the Airport Watch list at all points of arrival and departure within the Commonwealth. The husband's application was adjourned for further hearing, with directions for service of documents and filing of responses.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Stay of Proceedings
Actions
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Citations
Wakely and Enell [2007] FamCA 1023
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