Ericsson and Jarrold (No.5)
Case
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[2018] FCCA 81
•19 January 2018
Details
AGLC
Case
Decision Date
Ericsson and Jarrold (No.5) [2018] FCCA 81
[2018] FCCA 81
19 January 2018
CaseChat Overview and Summary
In the matter of Ericsson and Jarrold (No.5), Judge Small considered an application to vary final orders made on 18 December 2014 concerning children's matters. The dispute centred on proposed amendments to arrangements for the children's schooling, extracurricular activities, and time spent with the husband.
The court was required to determine whether to vary the existing final orders regarding the equal sharing of school-related costs and extracurricular activities, the specific arrangements for the children's time with the husband during school terms, and the duration of time with a parent during specific cultural festivals. Additionally, the court needed to clarify the mother's sole responsibility for nominating the children's secondary schools.
Judge Small varied the final orders to reflect an equal sharing of costs for school fees, books, uniforms, excursions, camps, and extracurricular activities. The orders were also amended to specify the husband's alternate weekend contact during school terms, with a provision for earlier return on Sundays that fall within specific holidays. Further variations were made to extend time with a parent when a cultural festival concluded at a time that coincided with another religious observance. The court also clarified that the mother, as the parent with sole responsibility for education, would nominate the children's secondary schools. The father's application and the mother's response were otherwise dismissed, with the existing orders, as previously amended, remaining in force.
The court was required to determine whether to vary the existing final orders regarding the equal sharing of school-related costs and extracurricular activities, the specific arrangements for the children's time with the husband during school terms, and the duration of time with a parent during specific cultural festivals. Additionally, the court needed to clarify the mother's sole responsibility for nominating the children's secondary schools.
Judge Small varied the final orders to reflect an equal sharing of costs for school fees, books, uniforms, excursions, camps, and extracurricular activities. The orders were also amended to specify the husband's alternate weekend contact during school terms, with a provision for earlier return on Sundays that fall within specific holidays. Further variations were made to extend time with a parent when a cultural festival concluded at a time that coincided with another religious observance. The court also clarified that the mother, as the parent with sole responsibility for education, would nominate the children's secondary schools. The father's application and the mother's response were otherwise dismissed, with the existing orders, as previously amended, remaining in force.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Appeal
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Most Recent Citation
Ericsson and Jarrold (No.9) [2019] FCCA 3202