GILROY & FRANK

Case

[2019] FCCA 1480

9 May 2019


Details
AGLC Case Decision Date
GILROY & FRANK [2019] FCCA 1480 [2019] FCCA 1480 9 May 2019

CaseChat Overview and Summary

In the matter of *Gilroy & Frank*, heard before Judge Harman, the dispute concerned parenting arrangements for two children, [X] born in 2012 and [Y] born in 2015. The proceedings involved an application for relocation and the establishment of shared care arrangements, with a specific consideration for the practice of Aboriginal culture.

The court was required to determine the most appropriate parenting orders for the children, considering the principle of equal shared parental responsibility and the children's best interests. Key issues included the division of time between the parents, the practicalities of facilitating contact, and the importance of maintaining the children's connection to their culture and extended family.

Judge Harman ordered that all prior parenting orders be discharged and that Ms Frank and Mr Gilroy have equal shared parental responsibility for the children. The children were ordered to live with the mother, with the father to spend time and communicate with them during specified school holiday periods and through regular telephone or FaceTime communication. The court also made detailed provisions regarding the collection and return of the children for contact, the sharing of airfare costs, and the facilitation of communication between the children and their father's extended family. Provisions were also made for the exchange of information regarding the children's health and any proposed changes to contact details. The court noted that one child would transition into the mother's care during the July school holidays in 2019 and included particulars of obligations and consequences for contravention of the orders.
Details

Areas of Law

  • Family Law

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

Luxton v Vines [1952] HCA 19
Goode & Goode [2006] FamCA 1346
Marvel & Marvel [2010] FamCAFC 101