Wand and Hutt

Case

[2008] FamCA 1082

8 December 2008


Details
AGLC Case Decision Date
Wand and Hutt [2008] FamCA 1082 [2008] FamCA 1082 8 December 2008

CaseChat Overview and Summary

In the matter of Wand and Hutt, heard before Justice Rose, the applicant, Ms Wand, sought orders concerning the parental responsibility and living arrangements for the child K Hutt, also known as K Wand. The dispute involved the applicant's desire for sole parental responsibility, the child to live with her, and the ability to amend the child's birth registration to include her surname. Additionally, the applicant sought permission to apply for a passport for the child without the consent of the father, Mr Wand, or the mother, Ms Hutt, and for the child to travel internationally.

The court was required to determine whether to grant the applicant sole parental responsibility for the child, and whether the child should live with the applicant. Further issues included the applicant's entitlement to amend the child's birth registration to include her surname, and whether she should be permitted to obtain a passport for the child without the consent of both parents. The court also considered the child's proposed international travel.

Justice Rose ordered that until further order, Ms Wand have sole parental responsibility for the child and that the child live with her. The court further ordered that Ms Wand undertake all necessary steps to amend the child's birth registration to include the surname Wand. Permission was granted for Ms Wand to apply for a passport for the child without the consent of Mr Wand or Ms Hutt. The child was also permitted to travel internationally between 8 and 18 January 2009. The return date for the initiating application was vacated, and the proceedings were stood over for directions.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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