ANDALIS & ANDALIS
Case
•
[2021] FCCA 207
•29 January 2021
Details
AGLC
Case
Decision Date
ANDALIS & ANDALIS [2021] FCCA 207
[2021] FCCA 207
29 January 2021
CaseChat Overview and Summary
This matter concerned the parental responsibility and living arrangements for four children, W, X, Y, and Z, born between 2007 and 2016. The dispute arose between the mother and the father regarding where the children should reside and the specific arrangements for their time with each parent. The decision was made by Judge Terry.
The court was required to determine the most appropriate orders for shared parental responsibility, the primary residence of the children, and the time each parent would spend with them. This involved considering the relocation of the children and establishing detailed schedules for school holidays and weekends, as well as imposing specific restrictions on the father's conduct while the children are in his care.
Judge Terry ordered that the parties have equal shared parental responsibility for the children. The mother was directed to relocate the children's residence back to the City B area within seven days. If the mother complied with this relocation, the children would live with her, with specific arrangements for time with the father, including alternate weekends and defined periods during school holidays. If the mother did not return to City B, the children would live with the father, with alternative arrangements for time with the mother, including monthly weekends and half of all NSW school holidays, along with regular communication. Furthermore, pursuant to section 68B of the Family Law Act, the father was restrained from consuming alcohol while the children were in his care and from operating any firearm while the children were in his care. The father was also bound by an undertaking not to recover his firearms from NSW Police. The matter was adjourned for further consideration.
The court was required to determine the most appropriate orders for shared parental responsibility, the primary residence of the children, and the time each parent would spend with them. This involved considering the relocation of the children and establishing detailed schedules for school holidays and weekends, as well as imposing specific restrictions on the father's conduct while the children are in his care.
Judge Terry ordered that the parties have equal shared parental responsibility for the children. The mother was directed to relocate the children's residence back to the City B area within seven days. If the mother complied with this relocation, the children would live with her, with specific arrangements for time with the father, including alternate weekends and defined periods during school holidays. If the mother did not return to City B, the children would live with the father, with alternative arrangements for time with the mother, including monthly weekends and half of all NSW school holidays, along with regular communication. Furthermore, pursuant to section 68B of the Family Law Act, the father was restrained from consuming alcohol while the children were in his care and from operating any firearm while the children were in his care. The father was also bound by an undertaking not to recover his firearms from NSW Police. The matter was adjourned for further consideration.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
Actions
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Citations
ANDALIS & ANDALIS [2021] FCCA 207
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