CARON & CARON

Case

[2017] FamCA 1033

15 December 2017


Details
AGLC Case Decision Date
CARON & CARON [2017] FamCA 1033 [2017] FamCA 1033 15 December 2017

CaseChat Overview and Summary

In the matter of CARON & CARON, Thornton J of the Family Court of Australia considered parenting and property disputes between the mother, Ms Caron, and the father, Mr Caron. The parenting dispute concerned the best interests of the child, B, born in 2006, specifically regarding parental responsibility and the child's time and communication with the father. The property dispute involved a small asset pool, primarily funds held in the Supreme Court of Victoria, and the division of other assets and liabilities.

The court was required to determine whether equal shared parental responsibility was in the child's best interests, and if not, what form of parental responsibility should be ordered. Additionally, the court had to consider the child's living arrangements and the extent of any time or communication the child should have with the father. In relation to property, the court needed to assess the parties' contributions, both during and after the marriage, and consider relevant section 75(2) factors of the *Family Law Act 1975* (Cth) to determine a just and equitable distribution of the limited assets, including the allocation of funds held in the Supreme Court of Victoria and a credit card liability.

Thornton J ordered that the mother have sole parental responsibility for the child, discharging all previous parenting orders. By consent, the child was ordered to live with the mother and not spend any time or communicate with the father. Further, by consent, the child's name was placed on the Airport Watch List for two years, and both parents were restrained by injunction from removing the child from the Commonwealth of Australia. The court also ordered that the parties each retain their respective superannuation entitlements and furniture and household items. The entire funds held in the Supreme Court of Victoria were ordered to be released to the wife, and the husband was ordered to indemnify the wife against a specific credit card liability. All other extant applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

Singer v Berghouse [1994] HCA 40