FABER & FABER
Case
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[2020] FCCA 1162
•14 May 2020
Details
AGLC
Case
Decision Date
FABER & FABER [2020] FCCA 1162
[2020] FCCA 1162
14 May 2020
CaseChat Overview and Summary
The case of *Faber & Faber* concerned parenting and property disputes between the parents of three children. The primary parenting dispute involved competing applications for the children to live with each parent, with the mother seeking to relocate the children and the father seeking equal shared parental responsibility. The property dispute concerned the assessment of contributions and the just and equitable division of the parties' assets.
The court was required to determine whether to permit the mother to relocate the children, the appropriate parenting arrangements for the children, and how to divide the parties' property in a just and equitable manner. Specifically, the court had to consider the best interests of the children, including the needs of the youngest child who had complex needs, and the impact of any relocation on those interests.
In relation to parenting, the court found that equal shared parental responsibility was appropriate. However, it ultimately ordered that the children live with the mother and imposed a restraint on the mother relocating the children more than 20km from a specified suburb without the father's written agreement. This decision was made in consideration of the children's best interests, particularly the youngest child's complex needs and the importance of maintaining stability and the children's relationship with both parents. On the property front, the court made orders for the division of sale proceeds from a property, an allocation from the husband's superannuation fund to the wife, and declared each party the sole owner of assets in their possession, with the intention of finally determining the financial relationship between the parties.
The court was required to determine whether to permit the mother to relocate the children, the appropriate parenting arrangements for the children, and how to divide the parties' property in a just and equitable manner. Specifically, the court had to consider the best interests of the children, including the needs of the youngest child who had complex needs, and the impact of any relocation on those interests.
In relation to parenting, the court found that equal shared parental responsibility was appropriate. However, it ultimately ordered that the children live with the mother and imposed a restraint on the mother relocating the children more than 20km from a specified suburb without the father's written agreement. This decision was made in consideration of the children's best interests, particularly the youngest child's complex needs and the importance of maintaining stability and the children's relationship with both parents. On the property front, the court made orders for the division of sale proceeds from a property, an allocation from the husband's superannuation fund to the wife, and declared each party the sole owner of assets in their possession, with the intention of finally determining the financial relationship between the parties.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
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Citations
FABER & FABER [2020] FCCA 1162
Cases Citing This Decision
0
Cases Cited
15
Statutory Material Cited
2
MRR v GR
[2010] HCA 4
Starr & Duggan
[2009] FamCAFC 115
Banks & Banks
[2015] FamCAFC 36