The Undesirability of Appeals in the Family Court
Recently, we have had a number of cases where parties have good prospects to appeal, but
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Often, after a separation, couples who once regularly agreed and went on overseas holidays together with their children are suddenly embroiled in disputes about whether their children should go overseas on holiday or not.
Unfortunately, when trust detiorates totally, each parent usually has a view that the other parent has sinister motives in trying to take the children overseas for a holiday.
A parent does have a right to seek an injunction for a child not to be removed from a country for a purpose of a holiday overseas with the other parent.
In a lot of these cases, common sense prevails and through negotiations and Mediations a resolution is reached.
In those cases where the matter does proceed to Court, the Court always looks at a number of factors in deciding whether the child should be allowed to go on an overseas holiday with the parent.
The overriding consideration in the best interests of the child. Specifically, some of the following factors will have impact, depending on the circumstances of each case:-
There are many other factors that can be relevant.
In just about all of the cases when the child is allowed to go with a parent on an overseas holiday, the Court will usually order that the parent place a sum of money in Trust as a security in case they breach the Orders and do not return. This is usually provided by way of an incentive for that parent to return with the children. Also, purchasing and providing the other party with copies of the return flights for the children, together with a detailed itinerary and contact numbers is also usually provided.
If you are contemplating travel overseas after separation with the children for a holiday, then you should raise the issue with your ex-spouse or partner at an early stage. Attempt to mediate the dispute if a resolution cannot be reached and if you have to seek legal advice, then do so at an early stage, well before the contemplated holiday.
A parent does have a right to seek an injunction for a child not to be removed from a country for a purpose of a holiday overseas with the other parent.
In a lot of these cases, common sense prevails and through negotiations and Mediations a resolution is reached.
In those cases where the matter does proceed to Court, the Court always looks at a number of factors in deciding whether the child should be allowed to go on an overseas holiday with the parent.
Recently, we have had a number of cases where parties have good prospects to appeal, but
It is probably commonsense and goes without saying, but in so many matters we have clients
The Family Law Amendment Bill 2023 (Cth) which was passed on 19 October 2023 will result
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