Finch & Harris (No.2)

Case

[2014] FCCA 2507

5 November 2014


Details
AGLC Case Decision Date
Finch & Harris (No.2) [2014] FCCA 2507 [2014] FCCA 2507 5 November 2014

CaseChat Overview and Summary

This matter concerned orders made by Judge Scarlett regarding the time spent by the child X with the Father, and related arrangements. The dispute centred on the practicalities of the child's living arrangements and schooling, particularly in light of the Father's residence in Sydney.

The court was required to determine the specific terms of the Father's time with the child, including the frequency and duration of contact, and the arrangements for changeovers. Further issues included the child's participation in extracurricular activities, specifically cricket, and the associated expenses. The court also had to address the child's enrolment in a particular high school and the sharing of associated costs, as well as the provision of school-related information and parental involvement in school activities.

Judge Scarlett made orders suspending previous directions and establishing a new schedule for the Father's time with the child, which was to occur on alternate weekends during school terms, with specific changeover locations at a railway station. The Father was permitted to enrol the child in cricket at his expense, and was to meet all associated costs. The parties were directed to ensure the child's attendance at a specified high school from the commencement of the 2015 school year, with the Mother to ensure parental contact details were recorded by the school. Both parents were granted rights to receive school reports and attend school activities. By consent, the parties were to share equally the costs of the child's high school enrolment, fees, uniforms, and shoes, with the Mother to make initial payments and advise the Father of the amounts. The application was adjourned for further mention.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

3

Finch and Harris [2016] FCCA 1485
BERTRAM & THORPE [2014] FCCA 2863
Finch and Harris (No.3) [2014] FCCA 2527
Cases Cited

5

Statutory Material Cited

3

Finch & Harris [2014] FCCA 2152
Goode & Goode [2006] FamCA 1346
Nash & Reis [2013] FMCAfam 11