Henley and Henley
Case
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[2016] FamCA 681
•19 August 2016
Details
AGLC
Case
Decision Date
Henley and Henley [2016] FamCA 681
[2016] FamCA 681
19 August 2016
CaseChat Overview and Summary
In the matter of *Henley and Henley*, Berman J of the Federal Circuit Court of Australia made orders concerning the parental responsibility and time arrangements for the child, N. The dispute centred on how N would live, spend time with, and be cared for by his parents.
The court was required to determine the specific arrangements for N's living situation, the division of his time between his parents, and the geographical restrictions on his residence and removal from Australia. Additionally, the court needed to address the practicalities of handover arrangements and the exchange of information regarding N's schooling and health.
Berman J ordered that the parties share equal parental responsibility for N. N was to live with the mother, and spend time with the father on a defined alternating weekly basis, including half of each school holiday period. The orders also stipulated specific arrangements for N's time with each parent during Christmas Eve, Christmas Day, and Boxing Day from 2016 onwards, and established a default handover location at a KFC. Crucially, the court imposed an injunction restraining either parent from changing N's principal place of residence from the metropolitan area of Adelaide or removing him from Australia. The parties were also authorised to receive direct information from N's school and were required to inform each other of any emergency medical or dental treatment.
The court was required to determine the specific arrangements for N's living situation, the division of his time between his parents, and the geographical restrictions on his residence and removal from Australia. Additionally, the court needed to address the practicalities of handover arrangements and the exchange of information regarding N's schooling and health.
Berman J ordered that the parties share equal parental responsibility for N. N was to live with the mother, and spend time with the father on a defined alternating weekly basis, including half of each school holiday period. The orders also stipulated specific arrangements for N's time with each parent during Christmas Eve, Christmas Day, and Boxing Day from 2016 onwards, and established a default handover location at a KFC. Crucially, the court imposed an injunction restraining either parent from changing N's principal place of residence from the metropolitan area of Adelaide or removing him from Australia. The parties were also authorised to receive direct information from N's school and were required to inform each other of any emergency medical or dental treatment.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
Actions
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Citations
Henley and Henley [2016] FamCA 681
Most Recent Citation
Henley & Henley [2019] FamCA 101
Cases Citing This Decision
2
Henley and Henley (No 2)
[2019] FamCA 424
Henley & Henley
[2019] FamCA 101
Cases Cited
3
Statutory Material Cited
1
Sayer v Radcliffe
[2012] FamCAFC 209
Sayer v Radcliffe
[2012] FamCAFC 209
Blanding & Blanding
[2016] FamCAFC 21