Charles and McCullough

Case

[2013] FCCA 883

24 July 2013


Details
AGLC Case Decision Date
CHARLES & MCCULLOUGH [2013] FCCA 883 [2013] FCCA 883 24 July 2013

CaseChat Overview and Summary

In *Charles and McCullough*, heard by Judge Roberts, the dispute concerned parenting arrangements for a child. The parties, Mr Charles (the father) and Ms McCullough (the mother), sought to vary existing consent orders made in the Family Court of Australia. The mother also sought permission to relocate the child's residence to Victoria.

The court was required to determine whether to discharge the existing consent orders and, if so, what new parenting arrangements should be put in place. A key issue was the mother's application to relocate the child to Victoria, which would necessitate a significant alteration to the existing shared parenting schedule.

Judge Roberts reasoned that the existing consent orders were no longer appropriate and discharged them. The court then made new orders establishing a week-on-week-about shared care arrangement for the child between the father and mother. Specific provisions were made for the child's time with each parent during Christmas, Easter, Mother's Day, Father's Day, and each parent's birthday, as well as the child's birthday. The court also ordered that the child spend at least three hours with the parent with whom she was not residing during that particular week on the child's birthday.

Ultimately, the mother's application to relocate the child to Victoria was dismissed. The court also included a provision for further arrangements to be made by agreement between the parties.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

3

Runcorne & Raine [2008] FamCA 837
MRR v GR [2010] HCA 4
Morgan v Miles [2007] FamCA 1230