Elliott and Carter

Case

[2007] FamCA 1663

17 May 2007


Details
AGLC Case Decision Date
Elliott and Carter [2007] FamCA 1663 [2007] FamCA 1663 17 May 2007

CaseChat Overview and Summary

In the matter of *Elliott and Carter*, heard by Mushin J, the dispute concerned parenting orders for a child born in March 1997. The orders reflect a resolution reached between the parents regarding their shared parental responsibility, the child's residence, and the father's time and communication with the child, including the mother's relocation with the child to Western Australia.

The court was required to determine the terms of parenting orders that would best serve the child's welfare and development, considering the parents' agreement on shared responsibility, the child's residence with the mother, and the practical arrangements for the father's time and communication. A key issue was the mother's proposed relocation with the child to Western Australia and the associated arrangements for the father's contact.

Mushin J discharged previous parenting orders and made new orders reflecting the parties' agreement. These orders established shared parental responsibility for all major decisions, with the child to live with the mother. The mother was granted permission to relocate with the child to Western Australia. Specific provisions were made for the father's time with the child, including school holidays and one visit per annum to Western Australia, with detailed arrangements for communication via telephone, internet, and video link. The mother was to bear the cost of the child's air travel and one annual visit for the father. The application was otherwise dismissed, with liberty to apply reserved.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Remedies

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