Arthur and Ballantine

Case

[2016] FamCA 175

22 March 2016


Details
AGLC Case Decision Date
Arthur and Ballantine [2016] FamCA 175 [2016] FamCA 175 22 March 2016

CaseChat Overview and Summary

In the matter of *Arthur and Ballantine*, Cronin J of the Federal Circuit Court of Australia made orders concerning the living arrangements and time spent with the children B, C, D, and E. The dispute involved interim parenting orders, with the court dismissing extant applications for final orders and specific interim orders sought by both the husband and wife.

The court was required to determine the interim living arrangements for the children, specifically the allocation of time between the father and mother. This involved establishing a detailed schedule for school terms, school holidays, long summer holidays, Easter, and Father's Day, as well as addressing the commencement and conclusion of these periods. The court also needed to consider the suspension of the father's time during certain periods to ensure the children spent time with the mother, particularly on Mother's Day.

Cronin J ordered that the children live with the father during specific periods, including Thursday evenings through Sunday mornings during school terms, half of each school term holiday period and long summer holiday period on an alternating year basis, and specific days for Easter and Father's Day. The children were to live with the mother for all other periods. The father's time was suspended during periods other than those outlined, specifically to ensure time with the mother on Mother's Day. The court clarified the commencement of school holiday periods and the long summer holidays, and stipulated that the father's suspended time would recommence on the same rotation as if it had not been interrupted. Changeovers were to occur at the respective homes if not at school. The court also ordered that interim parenting proposals from both parties be attached to the file as exhibits.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

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