Bercy and Ternes

Case

[2009] FamCA 226

16 March 2009


Details
AGLC Case Decision Date
Bercy and Ternes [2009] FamCA 226 [2009] FamCA 226 16 March 2009

CaseChat Overview and Summary

In the matter of *Bercy and Ternes*, heard before Brown J of the Family Court of Australia, the dispute concerned the parenting arrangements for a child born in December 2007. The court was tasked with determining the nature of parental responsibility and the living arrangements for the child.

The primary legal issues before the court were to establish the extent of shared parental responsibility for the child, including decisions regarding long-term and day-to-day care, welfare, and development. Additionally, the court was required to determine the child's residence and to make specific orders concerning the child's overseas travel and passport applications.

Brown J ordered that the parties, MS BERCY and MS TERNES, have equal shared parental responsibility for the child, with both parties to make all decisions concerning the child's long-term and day-to-day care, welfare, and development. The court further ordered that the child live with MS BERCY and MS TERNES. Crucially, exclusive parental responsibility for making applications under the *Australian Passport Act 2005* and any decisions relating to overseas travel was granted to MS BERCY and MS TERNES. All extant applications were dismissed, and the matter was removed from the list of matters awaiting finalisation. The court also directed that a Family Law Courts Fact Sheet, detailing the obligations and consequences of contravention, be annexed to the orders, and that the reasons for judgment be transcribed and made available to the parties.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

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