DOLORES & HUBERT

Case

[2015] FCCA 2097

25 September 2015


Details
AGLC Case Decision Date
DOLORES & HUBERT [2015] FCCA 2097 [2015] FCCA 2097 25 September 2015

CaseChat Overview and Summary

In the matter of *Dolores & Hubert*, Judge Altobelli of the Federal Circuit and Family Court of Australia considered an application to vary existing orders concerning the time a child would spend with each parent. The dispute centred on the practical implementation and clarity of the existing parenting arrangements, particularly in relation to school holidays and the child's birthday.

The court was required to determine the appropriate orders for the child's time with the Father, specifically addressing the commencement and duration of these periods. Further, the court needed to clarify the definition of school holiday periods to ensure consistent application and to address how time with each parent during these holidays would be managed. The court also had to establish clear arrangements for the child's birthday, ensuring equitable time with both parents.

Judge Altobelli discharged several previous orders and made new orders to provide greater certainty. The court stipulated specific periods for the child to spend time with the Father, commencing on the evening before certain days and lasting for 72 hours. The definition of school holiday periods was clarified to commence at the conclusion of school on the last day of term and end at the commencement of school on the first day of the following term, irrespective of pupil-free days. Time with each parent during school holidays was to be suspended unless otherwise ordered. Finally, the court made detailed provisions for the child's birthday, alternating between parents in even and odd-numbered years, with specific commencement and conclusion times on the birthday itself.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Remedies

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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MRR v GR [2010] HCA 4