CAVINDER & CAVINDER

Case

[2020] FCCA 3491

3 November 2020


Details
AGLC Case Decision Date
CAVINDER & CAVINDER [2020] FCCA 3491 [2020] FCCA 3491 3 November 2020

CaseChat Overview and Summary

This matter concerned parenting orders for two children, X (born 2015) and Y (born 2017), before Judge Demack. The dispute involved the arrangements for the children's care, including a proposed relocation by the mother and the father's time with the children.

The court was required to determine the extent of shared parental responsibility, the children's living arrangements, and the specific time the father would spend with the children. Additionally, the court needed to address the mother's application to relocate with the children and the implications of this relocation on the existing parenting orders. The court also considered provisions for communication between the parents and the children, as well as the authority of each parent to obtain information regarding the children's welfare and education.

Judge Demack ordered the discharge of all previous parenting orders and plans. The court established equal shared parental responsibility for the children's long-term care, welfare, and development. The children were to remain enrolled in their current school for the remainder of the 2020 school year. The mother was permitted to relocate with the children to Suburb B or within 10km of Suburb B State School from the conclusion of the 2020 school year. Specific time arrangements were outlined for the father, including one weekend per month, alternating halves of school holidays, and the ability to spend time with the children in Brisbane when he travels there. The court also made detailed provisions regarding telephone and video communication, the authority of each parent to obtain information about the children, and the procurement and holding of passports for the children, permitting them to be taken out of the Commonwealth of Australia.

Furthermore, the father was ordered to enrol in and complete a Family and Domestic Violence Perpetrator Program. Both parents were directed to engage with a specified family centre or counselling centre for intake into a Parenting Orders Program or a similar recommended program, and to comply with the directions of the Program Co-ordinator. All outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

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