Whitfield and Pirrip

Case

[2009] FamCA 225

23 March 2009


Details
AGLC Case Decision Date
Whitfield and Pirrip [2009] FamCA 225 [2009] FamCA 225 23 March 2009

CaseChat Overview and Summary

This matter came before Barry J of the Family Court of Australia concerning parenting orders made by Registrar Stevens on 27 July 2007. The dispute involved the mother's proposed international travel with the children and the retention and renewal of their passports.

The court was required to determine whether to discharge existing orders relating to the children's travel and passports, and to make new orders concerning the mother's departure with the children for overseas travel, including specific notification requirements to the father. Further issues included the children's liberty to travel overseas without their mother for educational or sporting purposes, and the mother's right to retain and renew the children's passports.

Barry J discharged orders (13) and (14) of the previous order. The court ordered that the mother must provide the father with written details of departure and arrival dates and points, her itinerary, contact details for the children, and evidence of return tickets for the children, at least twenty-eight days before departing Australia. The children were granted liberty to travel overseas without their mother for educational or sporting purposes. The court further ordered the release of the children's passports to the mother, who was at liberty to retain them and apply for their renewal without the father's consent. The court also directed that information regarding the obligations and consequences of contravening these orders be provided to the parties.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

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