Cases published November 2018

Family Court of Australia- FULL COURT

Kerson & Blake [2018] FamCAFC 215 (12 November 2018)

FAMILY LAW – APPEAL – PARENTING – INTERNATIONAL RELOCATION – Where the mother sought to return to the United States of America with the children – Application for relocation opposed by the father – Where the primary judge gave determinative weight to a finding made which failed to consider all of the evidence – Orders not supported by the evidence – Appeal allowed – Matter remitted for rehearing.
FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – ADDUCE FURTHER EVIDENCE –– Where consideration of further evidence not necessary as matter remitted for rehearing – Application dismissed.
FAMILY LAW – APPEAL – COSTS – Where the appeal succeeds on an error of law – No reason as to why the provisions of s 117(1) of the Family Law Act 1975 (Cth) that each party bear his or her costs should not apply – No orders as to costs.

Family Court of Australia

Tsocas & Rilak [2018] FamCA 981 (21 November 2018)

FAMILY LAW – PROCEDURE – subpoena to child’s treating practitioner – objection to subpoena on the basis that it would threaten therapeutic relationship – consideration of Division 12A – consideration of importance of determining best interests based on relevant evidence – where access to subpoena material granted on limited basis.

Razak & Lardner [2018] FamCA 941 (16 November 2018)

FAMILY LAW – CHILDREN – Parenting – Where the mother makes application for herself to be placed on the Airport Watchlist – Where mother makes application for the child to be placed on the Airport Watchlist and that she and the father be restrained from taking or causing the child to be taken from Australia – Where the father and paternal grandmother are charged with serious trafficking offences relating to their forced removal of the mother and child from Australia unlawfully – Where appropriate to make the orders sought.