Cord and Cord (No 2)

Case

[2017] FamCA 494

14 July 2017


Details
AGLC Case Decision Date
Cord and Cord (No 2) [2017] FamCA 494 [2017] FamCA 494 14 July 2017

CaseChat Overview and Summary

In *Cord and Cord (No 2)*, Cronin J considered an application by the wife, which was dismissed, and a response by the husband, which was also dismissed. The proceedings concerned parenting orders for the parties' children, Y and E.

The court was required to determine the specific arrangements for the children's time with each parent, including alternate week arrangements, holiday periods, and provisions for international travel. A significant issue was the consequence of the wife choosing to reside in the United States of America, and how this would impact the children's living arrangements and time with each parent.

Cronin J made detailed orders regarding the children's time with the husband, including specific alternate week schedules and provisions for school holidays and Christmas. Crucially, the court ordered that if the wife chose to live permanently in the United States, the children would remain resident in Australia. In such a scenario, the primary residence of the children would shift to the husband, with the wife having defined periods of time with them in the United States during Australian school holidays, subject to notice and cost-sharing arrangements. The court also made provisions for international travel and the retention of passports.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Taylor & Barker [2007] FamCA 1246