DURRAND & DYER
Case
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[2015] FCCA 380
•14 August 2015
Details
AGLC
Case
Decision Date
Durrand and Dyer [2015] FCCA 380
[2015] FCCA 380
14 August 2015
CaseChat Overview and Summary
In the matter of DURRAND & DYER, Judge Willis of the Family Court of Australia considered an application concerning the parental responsibility and living arrangements for four children: W and X (born 1998), Y (born 1999), and Z (born 2009). The dispute centred on how the parents would share responsibility for the children's upbringing and the specific arrangements for their daily care and time spent with each parent.
The court was required to determine the extent of equal shared parental responsibility for major long-term issues, including education, religious and cultural upbringing, health, name, and significant changes to living arrangements. Additionally, the court needed to establish the practical arrangements for the children's day-to-day care, their primary residences, and the specific times and conditions for each parent to spend time with the children, particularly concerning school holidays and travel. The court also had to address the financial responsibilities for the children's contact and communication arrangements.
Judge Willis ordered that the Father and Mother have equal shared parental responsibility for the major long-term issues concerning all four children. The parents are to consult with each other on these matters, making a genuine effort to reach joint decisions. Notwithstanding this, the Mother is responsible for the day-to-day care of the children when they are with her, and the Father is responsible when they are with him. Specifically, children Z and Y will live with the Mother in Melbourne. The twins, W and X, are to remain at boarding school until completion of their studies, spending time with parents during holidays as agreed. Detailed provisions were made for Z to spend time with the Father during alternating school holidays, with specific arrangements for Christmas holidays in 2015 and 2016. The cost of contact, including Z's travel, is to be shared equally, with specific contributions for travel between Melbourne and Brisbane. Z is to communicate with the Father via video call or telephone at least three times a week. Both parents are ordered to enrol in a Post Separation Parenting Program.
The court was required to determine the extent of equal shared parental responsibility for major long-term issues, including education, religious and cultural upbringing, health, name, and significant changes to living arrangements. Additionally, the court needed to establish the practical arrangements for the children's day-to-day care, their primary residences, and the specific times and conditions for each parent to spend time with the children, particularly concerning school holidays and travel. The court also had to address the financial responsibilities for the children's contact and communication arrangements.
Judge Willis ordered that the Father and Mother have equal shared parental responsibility for the major long-term issues concerning all four children. The parents are to consult with each other on these matters, making a genuine effort to reach joint decisions. Notwithstanding this, the Mother is responsible for the day-to-day care of the children when they are with her, and the Father is responsible when they are with him. Specifically, children Z and Y will live with the Mother in Melbourne. The twins, W and X, are to remain at boarding school until completion of their studies, spending time with parents during holidays as agreed. Detailed provisions were made for Z to spend time with the Father during alternating school holidays, with specific arrangements for Christmas holidays in 2015 and 2016. The cost of contact, including Z's travel, is to be shared equally, with specific contributions for travel between Melbourne and Brisbane. Z is to communicate with the Father via video call or telephone at least three times a week. Both parents are ordered to enrol in a Post Separation Parenting Program.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Citations
Durrand and Dyer [2015] FCCA 380
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