Case S247/2016

Bondelmonte v. Bondelmonte & Anor

Case No.

S247/2016

Case Information

Lower Court Judgment

8/04/2016 Family Court of Australia (Ryan, Aldridge, le Poer Trench JJ)

Catchwords

Family law – Children – Parenting orders – Family Law Act 1975 (Cth) – Where children retained in United States after travelling there for a holiday – Where retention in breach of order for equal shared parental responsibility – Where the father appeals against interim orders which require him to return the children to Sydney pending determination of whether the children are permitted to relocate to the United States – Where children, aged almost 15 and almost 17, express desire to stay in the United States – Whether the trial judge failed to consider and evaluate the relevant statutory considerations – Whether the trial judge gave adequate weight to the views expressed by the children – Consideration of living arrangements on the children’s return – Whether the orders made by the primary judge were in the best interests of the children – Whether trial judge was required to make further findings before issuing parenting order.

Short Particulars

Documents

14/10/2016 Hearing (SLA, Sydney)

25/10/2016 Notice of appeal

10/11/2016 Submitting appearance (First Respondent)

17/11/2016 Written submissions (Appellant)

14/11/2016 Chronology (Appellant)

25/11/2016 Written submissions (Second Respondent)

02/12/2016 Reply

13/12/2016 Hearing (Full Court, Canberra)

01/03/2017 Judgment (Judgment summary)