Galvin and Galvin

Case

[2016] FCCA 1921

11 May 2016


Details
AGLC Case Decision Date
Galvin and Galvin [2016] FCCA 1921 [2016] FCCA 1921 11 May 2016

CaseChat Overview and Summary

In *Galvin and Galvin*, heard by Judge Harland, the parties were involved in a dispute concerning financial matters and parenting arrangements for their child. The wife had sought to file and proceed with an application relating to financial issues, and had also placed a caveat on a property. The father sought specific parenting orders, including time with the child and permission to travel internationally with the child.

The court was required to determine whether to grant the wife's application to file and proceed with her financial application, and whether to order the removal of the caveat from the property. Additionally, the court had to consider and make orders regarding the father's time with the child, including international travel, and the arrangements for the child's return and future holiday periods.

Judge Harland dismissed the wife's application to file and proceed with her financial application, and ordered the wife to remove the caveat from the property within seven days. The court made specific parenting orders, granting the father time with the child from 13 December 2016 to 1 January 2017, during which he was permitted to travel internationally with the child. The father was ordered to return the child to Melbourne on 1 January 2017 and spend time with the child until the mother nominated a return date. Further orders addressed the summer school holidays of 2017-2018, stipulating that the child would spend Christmas Day and New Year's Day with the mother. The court noted that parenting matters remained listed for a final hearing on 13 October 2016, at which time the mother would nominate the child's return date in January 2017.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

  • Standing

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

MACKRELL & MACKRELL [2015] FCCA 1996
Gallo v Dawson [1990] HCA 30