ALDOUS & SAMWAYS

Case

[2020] FCCA 474

31 March 2020


Details
AGLC Case Decision Date
Aldous and Samways [2020] FCCA 474 [2020] FCCA 474 31 March 2020

CaseChat Overview and Summary

In the matter of *Aldous & Samways*, heard by Judge Morley, the dispute concerned parenting arrangements for two children, X and Y, and a request to change their surnames. The parents, Ms Aldous and Ms Samways, sought final orders regarding the children's living arrangements, time spent with each parent, and other related matters.

The court was required to determine the appropriate parenting orders, including the specific schedule for the children's time with each parent, arrangements for school holidays, and provisions for international travel. A key issue was the application to change the children's surnames from Aldous-Samways to Samways-Aldous, and from Samways to Samways-Aldous respectively, to reflect a hyphenated surname. The court also considered orders relating to communication, relocation, school and medical information, and restrictions on denigration.

Judge Morley made orders for equal shared parental responsibility and established a detailed schedule for the children's time with each parent, which varied between school terms and holidays. Crucially, the court ordered that the children be known as X Samways-Aldous and Y Samways-Aldous, and directed the parties to take all necessary steps to update the children's birth certificates and other records accordingly. The orders also included provisions for international travel, passport arrangements, and restrictions on relocation, denigration, and marijuana use by the respondent. The court also addressed the Independent Children's Lawyer's application for costs against the respondent.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Britt & Britt [2017] FamCAFC 27
Grella & Jamieson [2017] FamCAFC 21
Starr & Duggan [2009] FamCAFC 115