High Court of Australia

U v U [2002] HCA 36

211 CLR 238; 76 ALJR 1416; 191 ALR 289

5 Sep 2002

Case Number: S256/2001

Before

Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ

Catchwords

Family law – Children - Parenting orders - Residence orders - Contact orders - Place of residence of child when one parent wishes to relocate to another country - Proposals of parents about residence of child of marriage and contact with child - Wife's wish to return to country of origin - Wife applies for permission to leave Australia with child - Whether wife should be permitted to remove child from Australia - Wife acknowledged that she would remain in Australia if her return to her place of origin would result in order for child to reside with father - Best interests of child paramount consideration.

Family Court – Practice and Procedure - Children - Parenting orders - Residence orders - Contact orders - Proposals of parents - Whether powers or discretion of Court confined by proposals of parents.

Family Law Act 1975 (Cth) – s 65E.

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