WILDE & FOSTER

Case

[2020] FamCA 440

3 June 2020


Details
AGLC Case Decision Date
WILDE & FOSTER [2020] FamCA 440 [2020] FamCA 440 3 June 2020

CaseChat Overview and Summary

In the matter of *Wilde & Foster*, Rees J of the Family Court of Australia determined parenting orders concerning two children, X and Y. The dispute centred on the allocation of parental responsibility, living arrangements, and the extent of each parent's authority regarding the children's travel, passports, and name changes.

The court was required to consider and make orders regarding sole parental responsibility for the children, where the children would live, and the arrangements for the children spending time with the mother. Further issues before the court included authorising the father to travel with the children internationally without the mother's consent, permitting the father to obtain and retain Australian passports for the children without the mother's consent, and authorising the father to legally change the name of one of the children.

Rees J made orders reflecting a significant shift in the children's living arrangements and parental responsibilities. The father was granted sole parental responsibility and the children were ordered to live with him. The mother was to spend time with the children as agreed between the parties. Crucially, the father was authorised to travel internationally with the children without the mother's consent, to obtain and retain Australian passports for them without her consent, and to legally change one child's name to Z without her consent. These orders were made pursuant to Sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth), with a Fact Sheet detailing the obligations and consequences of contravention attached to the orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

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