WILDE & WILDE
Case
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[2016] FCCA 944
•11 May 2016
Details
AGLC
Case
Decision Date
WILDE & WILDE [2016] FCCA 944
[2016] FCCA 944
11 May 2016
CaseChat Overview and Summary
In the matter of *Wilde & Wilde*, heard before Judge Altobelli, the father sought to dismiss the mother's application for parenting orders. The central dispute concerned whether existing orders for unaccompanied travel should be revisited, with the mother presenting evidence of changed circumstances that she contended warranted such a review.
The court was required to determine whether the threshold established in *Rice v Asplund* had been met, thereby permitting the mother to seek a variation of the existing parenting orders. Specifically, the court had to assess if there was sufficient evidence of changed circumstances to justify revisiting the orders concerning unaccompanied travel.
Judge Altobelli dismissed the father's application for dismissal, finding that the threshold for revisiting the orders had been met. The court's reasoning, though not detailed in the provided text, indicates a concern regarding the appropriateness of the ongoing orders for unaccompanied travel in light of the presented evidence of changed circumstances.
Consequently, the father's application for dismissal was dismissed, and the matter was adjourned for a mention on 13 July 2016 at 9:30 am.
The court was required to determine whether the threshold established in *Rice v Asplund* had been met, thereby permitting the mother to seek a variation of the existing parenting orders. Specifically, the court had to assess if there was sufficient evidence of changed circumstances to justify revisiting the orders concerning unaccompanied travel.
Judge Altobelli dismissed the father's application for dismissal, finding that the threshold for revisiting the orders had been met. The court's reasoning, though not detailed in the provided text, indicates a concern regarding the appropriateness of the ongoing orders for unaccompanied travel in light of the presented evidence of changed circumstances.
Consequently, the father's application for dismissal was dismissed, and the matter was adjourned for a mention on 13 July 2016 at 9:30 am.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
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Jurisdiction
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Procedural Fairness
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Standing
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Citations
WILDE & WILDE [2016] FCCA 944
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Walter & Walter
[2016] FamCAFC 56
CDW v LVE
[2015] WASCA 247