Benson and Benson
Case
•
[2014] FCCA 716
•30 April 2014
Details
AGLC
Case
Decision Date
Benson and Benson [2014] FCCA 716
[2014] FCCA 716
30 April 2014
CaseChat Overview and Summary
In *Benson and Benson*, heard by Judge McGuire, the dispute concerned parenting orders for two children, X and Y. The parents sought to establish arrangements for the children's living arrangements and parental responsibility.
The court was required to determine the nature of parental responsibility to be afforded to each parent and to make orders regarding the children's living arrangements, including the allocation of time spent with each parent during term time and school holidays. The court also considered the geographical location of the children's residence.
Judge McGuire ordered that the parents have equal shared parental responsibility for X and Y. The children were to live with the father for specific periods, including alternate weekends from Thursday to Monday, and one week per fortnight from Thursday to Friday. The children were also to spend half of all Victorian gazetted school holidays with the father, with a specific alternating arrangement for the division of these holidays. The children would live with the mother at all other times. Furthermore, both parents were restrained from changing the children's place of residence from the specified municipality without the other parent's written consent.
The court was required to determine the nature of parental responsibility to be afforded to each parent and to make orders regarding the children's living arrangements, including the allocation of time spent with each parent during term time and school holidays. The court also considered the geographical location of the children's residence.
Judge McGuire ordered that the parents have equal shared parental responsibility for X and Y. The children were to live with the father for specific periods, including alternate weekends from Thursday to Monday, and one week per fortnight from Thursday to Friday. The children were also to spend half of all Victorian gazetted school holidays with the father, with a specific alternating arrangement for the division of these holidays. The children would live with the mother at all other times. Furthermore, both parents were restrained from changing the children's place of residence from the specified municipality without the other parent's written consent.
Details
Key Legal Topics
Areas of Law
-
Family Law
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Citations
Benson and Benson [2014] FCCA 716
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Sayer v Radcliffe
[2012] FamCAFC 209
MRR v GR
[2010] HCA 4
Champness & Hanson
[2009] FamCAFC 96