Brice and Brice
Case
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[2017] FamCA 85
•23 February 2017
Details
AGLC
Case
Decision Date
Brice and Brice [2017] FamCA 85
[2017] FamCA 85
23 February 2017
CaseChat Overview and Summary
This matter concerned parenting orders for two children, C and D, born in 2000 and 2001 respectively. The dispute involved the arrangements for the children spending time with their father. The decision was made by Tree J.
The court was required to determine the specific arrangements for the children spending time with their father, both within Australia and internationally in Europe. This included the duration and timing of these periods, as well as the financial responsibilities of each parent in facilitating these arrangements, particularly concerning travel and accommodation. The court also had to consider whether to restrain the father from commencing proceedings in a foreign court.
Tree J ordered the discharge of all previous parenting orders relating to the children spending time with the father. New orders were made for the children to spend specific periods with the father during the 2017 Queensland Easter school holidays within 200km of F Town, with detailed provisions for travel and accommodation costs to be shared equally by the parents. Furthermore, commencing with the 2017 Queensland mid-year school vacation, and thereafter, the children are to spend time with the father in Europe during all mid-year holidays, half of the Christmas holidays in even years, and the other half in odd years, with the mother and father equally contributing to the children's return airfares to Europe. The father was also restrained from commencing proceedings relating to the children in any Country E court. All other extant applications were dismissed, and the matter was removed from the active list.
The court was required to determine the specific arrangements for the children spending time with their father, both within Australia and internationally in Europe. This included the duration and timing of these periods, as well as the financial responsibilities of each parent in facilitating these arrangements, particularly concerning travel and accommodation. The court also had to consider whether to restrain the father from commencing proceedings in a foreign court.
Tree J ordered the discharge of all previous parenting orders relating to the children spending time with the father. New orders were made for the children to spend specific periods with the father during the 2017 Queensland Easter school holidays within 200km of F Town, with detailed provisions for travel and accommodation costs to be shared equally by the parents. Furthermore, commencing with the 2017 Queensland mid-year school vacation, and thereafter, the children are to spend time with the father in Europe during all mid-year holidays, half of the Christmas holidays in even years, and the other half in odd years, with the mother and father equally contributing to the children's return airfares to Europe. The father was also restrained from commencing proceedings relating to the children in any Country E court. All other extant applications were dismissed, and the matter was removed from the active list.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
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Costs
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Jurisdiction
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Remedies
Actions
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Citations
Brice and Brice [2017] FamCA 85
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
Wacal Developments Pty Ltd v Realty Developments Pty Ltd
[1978] HCA 30
S v Australian Crime Commission
[2005] FCA 1310
Wacal Developments Pty Ltd v Realty Developments Pty Ltd
[1978] HCA 30