FLAST CASE SUMMARY: Khohl & Rennie [2019] APPLICATION IN AN APPEAL – EXPEDITION
Kohl & Rennie [2019] FamCAFC 13 (29 January 2019)
FACTS:
- Two children aged 8 & 9 years.
- The father pursued orders for the children to live with him, and to have sole parental responsibility, additionally for him to be allowed to relocate overseas.
- The mother contested the father’s application to relocate and pursued orders for the children to primarily reside with her.
- On 28 November 2018, orders were created for equal shared parental responsibility for the children. The court granted the children to live with the father and spend time with the Mother.
- The Father now appeals these final orders, and seeks expedition of his appeal.
- In the fathers application, he asserts that he wishes to return to the country of his birth to be a greater part of his family and own ethnic community.
- The father does not work due to injury, claims he is unhappy with his existing housing arrangements with his brother, even though the children have a good relationship with his brother.
- The father states he struggles financially.
- The father claims he is promised employment by his father when he moves back overseas, through his father’s position as head of a trust.
- Mother opposes the application.
- ICL submitted there might be some features that may be relevant to expediting the case, however it was a matter for the court.
ISSUE:
Are there pertinent circumstances that trigger this case to be given precedence over other cases and to their possible detriment?
HELD
Application dismissed.
The court determines there is nothing in the father’s affidavit that indicates there are circumstances that needs to be prioritised over other comparable cases pursuant to 12.10A of Family Law Rules.
The Judge then notes the appeal will be heard soon enough anyway, for appeals appear to be moving ‘quite quickly’.