Faraday and Faraday

Case

[2020] FCCA 1895

22 July 2020


Details
AGLC Case Decision Date
FARADAY & FARADAY [2020] FCCA 1895 [2020] FCCA 1895 22 July 2020

CaseChat Overview and Summary

This matter concerned parenting orders between Ms Faraday (the applicant mother) and Mr Faraday (the respondent father) regarding their child, born in 2015. The court was required to determine the arrangements for the child’s living arrangements, time spent with each parent, communication, schooling, and other related matters.

The court was asked to determine the extent of equal shared parental responsibility, the primary residence of the child, and the specific time arrangements for the child to spend with each parent, including during school holidays and special occasions. Further issues included the child's schooling arrangements, the payment of school fees, and communication protocols between the parents. The court also considered applications relating to child support and property interests.

The court ordered that the parties have equal shared parental responsibility for the child, with the child to live with the applicant mother. Detailed provisions were made for the child to spend time with the respondent father, including specific days, week-about arrangements, and arrangements for school holidays and special occasions. The court also made orders regarding the child's schooling, stipulating attendance at a particular school and requiring the respondent father to pay all associated fees. Provisions were also made for communication between the parents, including email and text message communication, and restrictions on denigrating the other parent or exposing the child to conflict. The court dismissed the application for a child support departure order and declared that it was not satisfied that an alteration of property interests was just and equitable. The applicant mother was ordered to withdraw a caveat on a property at her expense, with a Registrar appointed to execute the withdrawal in default.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Costs

  • Injunction

  • Remedies

  • Jurisdiction

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Cases Citing This Decision

1

Voight & Zunino [2025] FedCFamC1F 311
Cases Cited

15

Statutory Material Cited

5

Jabour & Jabour [2019] FamCAFC 78
Bell & Nahos [2016] FamCAFC 244
Briginshaw v Briginshaw [1938] HCA 34