BRINKLEY & NOLAND

Case

[2019] FCCA 684

21 March 2019


Details
AGLC Case Decision Date
Brinkley and Noland [2019] FCCA 684 [2019] FCCA 684 21 March 2019

CaseChat Overview and Summary

In the Family Court of Australia, Judge McNab considered a dispute between Brinkley and Noland concerning the living arrangements and schooling of their three children. The central disagreement revolved around the children's time spent with each parent and which primary school they should attend, with the mother expressing concerns about the father's engagement with the children's mental health.

The court was required to determine whether to order equal shared parental responsibility for the children, and if so, what living arrangements would best serve their interests. Further, the court had to decide on the appropriate primary school for the children and address the parents' differing approaches to the children's mental health.

Judge McNab ordered that the parents have equal shared parental responsibility for the children. The court determined that the children should live week about alternating between each parent, with changeovers occurring at 6:00 pm on Sundays. Furthermore, the court ordered that the children remain enrolled and attend Town A Primary School for the duration of their primary school years. Finally, the parties were restrained from referring the children to a psychologist or mental health professional without the consent of the other parent.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Beard & McCarthy [2009] FamCA 737