GILBERTSON & MILL

Case

[2017] FCCA 881

3 May 2017


Details
AGLC Case Decision Date
GILBERTSON & MILL [2017] FCCA 881 [2017] FCCA 881 3 May 2017

CaseChat Overview and Summary

This matter concerned an application by the mother for orders permitting her to relocate with the parties' two-year-old child, X. The father sought to restrain the mother's solicitors from continuing to act in the proceedings. The case was heard by Judge Obradovic.

The primary legal issues before the court were whether to grant the mother's application for relocation and, in the alternative, to make interim parenting orders. The court was also required to consider the application to restrain the mother's solicitors. The overarching consideration in determining parenting orders was the best interests of the child.

The court made orders for equal shared parental responsibility, with X to live with the mother and spend frequent time with the father, including specific weekend and holiday arrangements. The mother was restrained from relocating X's residence beyond an 80-kilometre radius of a specified location. The court also made orders regarding communication, changeovers, and the parties' conduct towards each other and in the presence of X. The application to restrain the mother's solicitors was dismissed, as was the Application in a Case filed on 14 March 2017. The matter was listed for directions.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

12

Statutory Material Cited

3

Slater & Light [2011] FamCAFC 1
Mazorski & Albright [2007] FamCA 520
Salah & Salah [2016] FamCAFC 100