BERRY & EDDY

Case

[2015] FamCA 280

10 April 2015


Details
AGLC Case Decision Date
BERRY & EDDY [2015] FamCA 280 [2015] FamCA 280 10 April 2015

CaseChat Overview and Summary

In the matter of *Berry & Eddy*, Rees J of the Family Court of Australia considered a dispute concerning the residence and schooling of two children, B and C. The proceedings involved the mother and the father, who sought orders regarding the children's living arrangements and educational placements.

The court was required to determine the appropriate orders for the children's residence, specifically their proximity to a previous suburb, and to ensure their enrolment and continued attendance at particular schools. The court also had to consider the mechanism for effectuating these enrolments, including the necessary steps and documentation to be provided by both parents.

Rees J ordered that the mother cause the children to reside within 5 kilometres of their previous suburb by a specified date. Furthermore, the court directed both parents to take all necessary steps to ensure the children's enrolment at designated schools, outlining a specific process for the completion and submission of enrolment forms by each parent. These orders were made pursuant to Sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth), with a Fact Sheet attached to the orders detailing the obligations, consequences of contravention, and available assistance.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Remedies

  • Statutory Construction

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