GEORGE & PERKINS

Case

[2016] FamCA 810

8 July 2016


Details
AGLC Case Decision Date
GEORGE & PERKINS [2016] FamCA 810 [2016] FamCA 810 8 July 2016

CaseChat Overview and Summary

This matter concerned an application by the mother, Ms George, to set aside previous parenting orders concerning her two children, S and G. The father, Mr Perkins, also sought a Departure Prohibition Order under the Child Support (Registration and Collection) Act 1988 (Cth). The court was required to determine the parenting arrangements for the children and the father's application for a Departure Prohibition Order.

The court was asked to determine the primary issues of where the children would live and spend time, and whether the father should be prohibited from leaving Australia due to child support obligations. The court considered the welfare of the children in making its parenting orders, which included provisions for equal shared parental responsibility, the children living with the mother, and specific arrangements for the father to spend time with the children both in Australia and the United Kingdom, as well as communication protocols.

In relation to the parenting orders, the court discharged all previous orders and made new arrangements for the children to live with the mother, with the father having equal shared parental responsibility. The orders detailed extensive provisions for the father's time with the children, including notice periods, travel arrangements, and specific durations for visits in Australia and the UK, with varying timeframes and conditions applying from the date of the orders until 2022. The court also established detailed communication protocols between the father and the children, including mail, telephone, and electronic means. The father's application for a Departure Prohibition Order was dismissed due to a lack of jurisdiction, with the court noting that the substantive application was not determined on its merits.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Costs

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