Carr & Vincent
Case
•
[2009] FMCAfam 608
•19 June 2009
Details
AGLC
Case
Decision Date
Carr & Vincent [2009] FMCAfam 608
[2009] FMCAfam 608
19 June 2009
CaseChat Overview and Summary
The case of Carr & Vincent involved a dispute between the parents regarding the care and custody of their two children. The matter was heard in the Family Court of Australia, where the primary judge made orders relating to the children's living arrangements, contact with each parent, and other aspects of their upbringing. The father appealed certain aspects of the primary judge's orders, and the appeal was heard by a Full Court. The Full Court considered the evidence presented by both parties and made several findings regarding the best interests of the children. The primary judge had ordered that the children spend specific periods of time with the father during his leave from work and when he was in Australia. The Full Court upheld these orders, but also made additional orders regarding the children spending time with the father during other periods when he was on leave and in Australia, provided that the father gave the mother written notice in advance.
The legal issues before the court included whether the primary judge had correctly exercised his discretion in making the orders he did, and whether the Full Court should make any changes to those orders. The Full Court considered the evidence and arguments presented by both parties and concluded that the primary judge had not exercised his discretion incorrectly. The Full Court did, however, make some changes to the orders, including those relating to the children spending time with the father during other periods when he was on leave and in Australia. The Full Court also considered whether the primary judge had correctly exercised his discretion in making orders relating to the children's living arrangements, contact with each parent, and other aspects of their upbringing. The Full Court concluded that the primary judge had not exercised his discretion incorrectly in most cases, but did make some changes to the orders.
The Full Court's orders included provisions for the children spending time with the father during specific periods when he was on leave from work and in Australia, as well as during other periods when he was on leave and in Australia, provided that he gave the mother written notice in advance. The orders also included provisions for the children spending time with the father on each parent's and the children's birthdays, and on Father's Day and Mother's Day if they fell during a period when the children were with the other parent. The orders further provided for the children spending time with the father during other periods when he was in Australia, provided that he gave the mother written notice in advance. The Full Court also made orders relating to the children's living arrangements, contact with each parent, and other aspects of their upbringing, including provisions for the children spending time with each parent, attending school functions and sporting events, and communicating with each other and their parents. The Full Court's orders also included provisions for the children having current Australian passports, and for the parents not denigrating each other or their partners to the children.
In conclusion, the Full Court made several orders relating to the care and custody of the two children in the case of Carr & Vincent. The orders included provisions for the children spending time with the father during specific periods when he was on leave from work and in Australia, as well as during other periods when he was on leave and in Australia, provided that he gave the mother written notice in advance. The orders also included provisions for the children spending time with the father on each parent's and the children's birthdays, and on Father's Day and Mother's Day if they fell during a period when the children were with the other parent. The Full Court's orders further provided for the children spending time with the father during other periods when he was in Australia, provided that he gave the mother written notice in advance. The Full Court also made orders relating to the children's living arrangements, contact with each parent, and other aspects of their upbringing, including provisions for the children spending time with each parent, attending school functions and sporting events, and communicating with each other and their parents. The Full Court's orders also included provisions for the children having current Australian passports, and for the parents not denigrating each other or their partners to the children.
The legal issues before the court included whether the primary judge had correctly exercised his discretion in making the orders he did, and whether the Full Court should make any changes to those orders. The Full Court considered the evidence and arguments presented by both parties and concluded that the primary judge had not exercised his discretion incorrectly. The Full Court did, however, make some changes to the orders, including those relating to the children spending time with the father during other periods when he was on leave and in Australia. The Full Court also considered whether the primary judge had correctly exercised his discretion in making orders relating to the children's living arrangements, contact with each parent, and other aspects of their upbringing. The Full Court concluded that the primary judge had not exercised his discretion incorrectly in most cases, but did make some changes to the orders.
The Full Court's orders included provisions for the children spending time with the father during specific periods when he was on leave from work and in Australia, as well as during other periods when he was on leave and in Australia, provided that he gave the mother written notice in advance. The orders also included provisions for the children spending time with the father on each parent's and the children's birthdays, and on Father's Day and Mother's Day if they fell during a period when the children were with the other parent. The orders further provided for the children spending time with the father during other periods when he was in Australia, provided that he gave the mother written notice in advance. The Full Court also made orders relating to the children's living arrangements, contact with each parent, and other aspects of their upbringing, including provisions for the children spending time with each parent, attending school functions and sporting events, and communicating with each other and their parents. The Full Court's orders also included provisions for the children having current Australian passports, and for the parents not denigrating each other or their partners to the children.
In conclusion, the Full Court made several orders relating to the care and custody of the two children in the case of Carr & Vincent. The orders included provisions for the children spending time with the father during specific periods when he was on leave from work and in Australia, as well as during other periods when he was on leave and in Australia, provided that he gave the mother written notice in advance. The orders also included provisions for the children spending time with the father on each parent's and the children's birthdays, and on Father's Day and Mother's Day if they fell during a period when the children were with the other parent. The Full Court's orders further provided for the children spending time with the father during other periods when he was in Australia, provided that he gave the mother written notice in advance. The Full Court also made orders relating to the children's living arrangements, contact with each parent, and other aspects of their upbringing, including provisions for the children spending time with each parent, attending school functions and sporting events, and communicating with each other and their parents. The Full Court's orders also included provisions for the children having current Australian passports, and for the parents not denigrating each other or their partners to the children.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Parental Responsibility
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Shared Care Arrangements
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Child Support
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Access & Visitation
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Restraining Orders
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Injunctions
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Communication Between Parents
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Medical Emergencies
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Financial Contributions
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Contact Details
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Professional Fees
Actions
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Citations
Carr & Vincent [2009] FMCAfam 608
Most Recent Citation
Carr and Vincent (No.2) [2011] FMCAfam 1308
Cases Citing This Decision
4
Carr and Vincent (No.2)
[2011] FMCAfam 1308
Carr & Vincent (No.2)
[2009] FMCAfam 648
Carr and Vincent (No.2)
[2011] FMCAfam 1308
Cases Cited
2
Statutory Material Cited
1
Carr and Vincent
[2008] FMCAfam 888
Mason and Harper
[2010] FMCAfam 1030
Carr and Vincent
[2008] FMCAfam 888