Breude and Breude
Case
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[2010] FamCA 811
•20 August 2010
Details
AGLC
Case
Decision Date
Breude and Breude [2010] FamCA 811
[2010] FamCA 811
20 August 2010
CaseChat Overview and Summary
In the matter of *Breude and Breude*, Bell J of the Family Court of Australia considered parenting arrangements for three children, K, N, and A. The dispute concerned the living arrangements and time spent with the children, as well as the father's proposed relocation with one of the children.
The court was required to determine the best interests of the children in relation to their living arrangements, parental responsibility, and the impact of the father's relocation. Specifically, the court had to decide whether to make orders regarding the eldest child, K, and to establish a parenting regime for the younger children, N and A, which included provisions for the father's relocation with N to New South Wales.
Bell J made no orders regarding K, leaving her at liberty to choose her living arrangements and take her belongings. For N, the court ordered that the child live with the father, who was permitted to relocate with N to W, New South Wales, with specific notification requirements to the mother regarding N's schooling and healthcare. The father was also ordered to ensure N had regular telephone contact with the mother and to facilitate communication between the children. The court ordered that A live with the mother and spend time with the father during Queensland school holidays when N was also with the father. Equal shared parental responsibility was ordered for both N and A whilst they were in the care of each parent. The court also made orders restricting direct communication between the parents, save for specific purposes related to the children's welfare and emergencies, and directed that a fact sheet detailing the obligations and consequences of contravening the orders be attached.
The court was required to determine the best interests of the children in relation to their living arrangements, parental responsibility, and the impact of the father's relocation. Specifically, the court had to decide whether to make orders regarding the eldest child, K, and to establish a parenting regime for the younger children, N and A, which included provisions for the father's relocation with N to New South Wales.
Bell J made no orders regarding K, leaving her at liberty to choose her living arrangements and take her belongings. For N, the court ordered that the child live with the father, who was permitted to relocate with N to W, New South Wales, with specific notification requirements to the mother regarding N's schooling and healthcare. The father was also ordered to ensure N had regular telephone contact with the mother and to facilitate communication between the children. The court ordered that A live with the mother and spend time with the father during Queensland school holidays when N was also with the father. Equal shared parental responsibility was ordered for both N and A whilst they were in the care of each parent. The court also made orders restricting direct communication between the parents, save for specific purposes related to the children's welfare and emergencies, and directed that a fact sheet detailing the obligations and consequences of contravening the orders be attached.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Procedural Fairness
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Citations
Breude and Breude [2010] FamCA 811
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