Denning and Denning

Case

[2019] FCCA 1779

7 May 2019


Details
AGLC Case Decision Date
Denning and Denning [2019] FCCA 1779 [2019] FCCA 1779 7 May 2019

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge Harland in the Federal Circuit Court of Australia. The proceedings involved a Husband and Wife, who are the parents of two children, [X] and [Y]. The dispute centred on the arrangements for the children's living arrangements, time spent with each parent, and international travel.

The court was required to determine the specific terms of shared parental responsibility, including the children's primary residence, the schedule for the children to spend time with the Husband, and provisions for communication and special occasions. Further issues before the court included the conditions under which each parent could travel overseas with the children, including notification requirements, duration limits, financial surety, and passport arrangements. The court also addressed the removal of the children from the Airport Watchlist and the discharge of previous orders.

Judge Harland made orders establishing equal shared parental responsibility for the children, with the children to live with the Wife. The orders detailed a comprehensive schedule for the children's time with the Husband, encompassing alternate weekends, mid-week time, public holidays, birthdays, and school holidays, with specific provisions for make-up time and changeover locations. The court also imposed strict conditions on international travel, requiring significant advance notice, detailed itineraries, proof of return travel, accommodation, and comprehensive travel insurance. A financial surety of $50,000 was mandated for the travelling parent, to be held by their solicitor, to ensure the children's return to Australia. The court also ordered the removal of the children from the Airport Watchlist and the discharge of previous orders relating to this.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Kaur & Kaur [2014] FCCA 2843