FIORDAN & REESA
Case
•
[2015] FamCA 1021
•20 November 2015
Details
AGLC
Case
Decision Date
FIORDAN & REESA [2015] FamCA 1021
[2015] FamCA 1021
20 November 2015
CaseChat Overview and Summary
The case of *Fiordan & Reesa* concerned parenting and property matters between the parties. The primary dispute revolved around the future care arrangements for the parties' two children, born in 2003 and 2006, and the division of their limited property pool. The matter was heard by Tree J.
The court was required to determine who should have sole parental responsibility for the children, where the children should live, and the nature and extent of the children's time with the non-resident parent. Additionally, the court had to consider the division of the parties' property, specifically funds held in a trust account.
In relation to the parenting orders, Tree J found that equal time was impractical due to the physical distance between the parents. The court also determined that the mother was unlikely to facilitate a relationship between the children and the father, and that the children had been exposed to significant parental conflict. The parties' inability to communicate effectively precluded an order for shared parental responsibility. For the property division, the court found that the parties' contributions were equal, and therefore no adjustment was warranted under s 90SM of the relevant legislation.
The court ordered that the father have sole parental responsibility for the children's long-term care, welfare, and development, and that the children live with the father. The children were to spend time with and communicate with the mother at reasonable times, with specific arrangements detailed for holidays and regular contact, contingent on the mother's location. The court also ordered that the funds held in the Ruddy Tomlins & Baxter trust account be divided equally between the parties, with each party retaining other property in their possession.
The court was required to determine who should have sole parental responsibility for the children, where the children should live, and the nature and extent of the children's time with the non-resident parent. Additionally, the court had to consider the division of the parties' property, specifically funds held in a trust account.
In relation to the parenting orders, Tree J found that equal time was impractical due to the physical distance between the parents. The court also determined that the mother was unlikely to facilitate a relationship between the children and the father, and that the children had been exposed to significant parental conflict. The parties' inability to communicate effectively precluded an order for shared parental responsibility. For the property division, the court found that the parties' contributions were equal, and therefore no adjustment was warranted under s 90SM of the relevant legislation.
The court ordered that the father have sole parental responsibility for the children's long-term care, welfare, and development, and that the children live with the father. The children were to spend time with and communicate with the mother at reasonable times, with specific arrangements detailed for holidays and regular contact, contingent on the mother's location. The court also ordered that the funds held in the Ruddy Tomlins & Baxter trust account be divided equally between the parties, with each party retaining other property in their possession.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
Actions
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Citations
FIORDAN & REESA [2015] FamCA 1021
Most Recent Citation
FIORDAN & REESA [2017] FamCA 776
Cases Cited
8
Statutory Material Cited
2
Wacal Developments Pty Ltd v Realty Developments Pty Ltd
[1978] HCA 30
S v Australian Crime Commission
[2005] FCA 1310
Wacal Developments Pty Ltd v Realty Developments Pty Ltd
[1978] HCA 30