Webster and Webster (No 3)
Case
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[2017] FamCA 815
•22 September 2017
Details
AGLC
Case
Decision Date
Webster and Webster (No 3) [2017] FamCA 815
[2017] FamCA 815
22 September 2017
CaseChat Overview and Summary
In *Webster and Webster (No 3)*, Austin J of the Family Court of Australia considered orders concerning two children, B and C. The dispute involved the parental responsibility and living arrangements for the children, as well as their time with each parent and international travel.
The court was required to determine the future parental responsibility and living arrangements for the children, the extent of time the children would spend with the father, and the conditions under which the mother could take the children overseas. Additionally, the court addressed the removal of the children from an Airport Watch List and imposed restrictions on the father regarding international travel with the children.
Austin J ordered that all former orders regarding the children be discharged. The mother was granted sole parental responsibility, and the children were to live with her. The father was granted specific periods of time with the children during school holidays, with detailed provisions for collection, return, and communication. The court also ordered the surrender of passports held by the Registrar to the mother and permitted her to take the children outside of Australia. Crucially, the father was restrained from removing the children from Australia or being with them outside of Australia. Both parents were restrained from denigrating each other in the presence of the children.
The court was required to determine the future parental responsibility and living arrangements for the children, the extent of time the children would spend with the father, and the conditions under which the mother could take the children overseas. Additionally, the court addressed the removal of the children from an Airport Watch List and imposed restrictions on the father regarding international travel with the children.
Austin J ordered that all former orders regarding the children be discharged. The mother was granted sole parental responsibility, and the children were to live with her. The father was granted specific periods of time with the children during school holidays, with detailed provisions for collection, return, and communication. The court also ordered the surrender of passports held by the Registrar to the mother and permitted her to take the children outside of Australia. Crucially, the father was restrained from removing the children from Australia or being with them outside of Australia. Both parents were restrained from denigrating each other in the presence of the children.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
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Jurisdiction
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Procedural Fairness
Actions
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
5
WEBSTER & WEBSTER
[2017] FamCA 202
Webster and Webster (No 2)
[2017] FamCA 557
AR v RN (Habitual Residence)
[2015] UKSC 35