Gerry and Trantor

Case

[2009] FamCA 1090

20 November 2009


Details
AGLC Case Decision Date
Gerry and Trantor [2009] FamCA 1090 [2009] FamCA 1090 20 November 2009

CaseChat Overview and Summary

In a dispute concerning the residence and time spent with a child, T, Justice Cohen of the Family Court of Australia made orders regarding the arrangements for T's upbringing. The proceedings involved the child's parents, Gerry and Trantor, who sought to establish clear guidelines for T's living arrangements and contact with each parent.

The court was required to determine the primary residence of the child, T, and to establish a detailed schedule for T to spend time with both the father and the mother. A significant issue was the potential relocation of the child's residence outside the Sydney metropolitan area, and the court needed to address the conditions under which such a relocation might occur. Furthermore, the court had to consider and make orders regarding T's time with each parent during school terms and school holidays, including specific provisions for public holidays and the allocation of Christmas holidays.

Justice Cohen's reasoning led to orders that restrained either party from relocating T's residence outside the Sydney metropolitan area without the written consent of the other. The court then set out a comprehensive schedule for T to live with and spend time with each parent, detailing specific days and times during school terms and holidays. Notably, the orders included a provision that if the mother relocated her residence to Queensland, a substituted schedule would apply, outlining T's time with each parent and specifying air travel arrangements between Sydney and Brisbane. The court also made specific orders regarding T's passport and vacation entitlements for the mother.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

  • Jurisdiction

  • Remedies

Actions
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