ESTELLA & MORENA

Case

[2013] FamCA 158

25 February 2013


Details
AGLC Case Decision Date
ESTELLA & MORENA [2013] FamCA 158 [2013] FamCA 158 25 February 2013

CaseChat Overview and Summary

The parties in this matter were the Mother and the Father, with the dispute concerning parenting orders for their children, N, E, and M. The decision was made by Tree J in the Federal Circuit Court of Australia.

The court was required to determine the schooling arrangements for the children and to vary existing orders regarding the Father's time with the children. Specifically, the court considered which school each child should attend and whether parents should be restrained from removing them from their respective schools without consent. The court also addressed the practical arrangements for the Father's time with the children, including the commencement date, frequency, and location of changeovers.

Tree J discharged certain previous orders and made new orders regarding the children's schooling. N was ordered to attend F School, and both parents were restrained from removing N from that school without consent or further order. The Mother was permitted to enrol E and M at B School, with similar restraints on removing them from that school. The court also varied existing orders to specify the Father's time with the children during school terms, commencing on a particular date and occurring on alternate weekends, with specific changeover arrangements at a designated location. These orders were made pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*, with particulars of obligations and consequences for contravention set out in an annexure.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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