Gilbert and Gilbert

Case

[2018] FamCA 442

15 June 2018


Details
AGLC Case Decision Date
Gilbert and Gilbert [2018] FamCA 442 [2018] FamCA 442 15 June 2018

CaseChat Overview and Summary

The matter of *Gilbert and Gilbert* concerned an appeal to the Federal Circuit Court of Australia regarding parenting orders for two children. The original orders were made by the Local Court.

The primary legal issues before the court were whether the original orders adequately provided for the children's best interests, particularly concerning the allocation of parental responsibility, the children's living arrangements, and the extent of time the children would spend with each parent. The court also considered the appropriateness of specific restrictions placed on the mother's ability to relocate the children and their schooling.

Foster J discharged the previous orders and made new orders reflecting equal shared parental responsibility. The children were ordered to live with the mother, but she was restrained from relocating their primary residence from the maternal grandparents' home and from removing one child from his current school. The court detailed specific arrangements for the children to spend time and communicate with the father, including provisions for school terms, holidays, and specific dates, as well as regular electronic communication. Both parents were granted liberty to attend significant occasions in the children's lives. The orders also specified a designated venue for the transfer of the children between parents.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

14

Statutory Material Cited

1

Grella & Jamieson [2017] FamCAFC 21
Taylor & Barker [2007] FamCA 1246
U v U [2002] HCA 36