CARROLL & CARROLL

Case

[2018] FCCA 2494

6 September 2018


Details
AGLC Case Decision Date
Carroll and Carroll [2018] FCCA 2494 [2018] FCCA 2494 6 September 2018

CaseChat Overview and Summary

In the matter of CARROLL & CARROLL, Judge Cole of the Federal Circuit Court of Australia considered an application concerning the parenting arrangements for two children. The dispute involved the mother's desire to relocate the children's principal place of residence from South Australia to Town 1, New South Wales, and the father's application for the children to spend time with him.

The court was required to determine whether to grant the mother liberty to relocate the children, and if so, what interim parenting orders should be made regarding the children living with the mother and the father spending time with them. The court also needed to consider the preparation of a family report to assist in determining the children's best interests.

Judge Cole ordered that the children live with the mother and granted her liberty to relocate their principal place of residence to Town 1, New South Wales. The court then made detailed interim orders for the father to spend time with the children, including specific arrangements for weekends and school holidays in Adelaide, as well as telephone contact. The court also ordered the parties and children to attend upon a family consultant for the preparation of a family report, with specific directions regarding the report's content and dissemination, and adjourned the proceedings for further directions and listed the matter for trial.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

Actions
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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Morgan v Miles [2007] FamCA 1230
Banks & Banks [2015] FamCAFC 36
Mallahan & Mallahan [2010] FamCA 631