HIRSCH & HIRSCH (No.2)
Case
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[2020] FCCA 18
•10 January 2020
Details
AGLC
Case
Decision Date
HIRSCH & HIRSCH (No.2) [2020] FCCA 18
[2020] FCCA 18
10 January 2020
CaseChat Overview and Summary
In the matter of *Hirsch & Hirsch (No.2)*, Judge Burchardt of the Federal Circuit and Family Court of Australia made orders concerning the parenting of two children, X (born 2013) and Y (born 2015), between their Mother and Father. The dispute centred on the arrangements for the children's care and the Mother's proposed relocation.
The court was required to determine the most appropriate parenting orders, including whether to grant the Mother permission to relocate with the children to the City K area, and to establish a schedule for the children's time with each parent, ensuring the children's best interests were paramount.
The court discharged all previous parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the Mother, and she was permitted to relocate to the City K area. A detailed schedule was set out for the children's time with the Father, encompassing weekends, school holidays, and specific public holidays, with provisions for agreed arrangements or default schedules in cases of disagreement. The orders also included provisions for communication between parents and children, information sharing regarding the children's schooling and health, and an injunction restraining the parties from denigrating each other in the presence of the children or discussing the proceedings with them.
The court was required to determine the most appropriate parenting orders, including whether to grant the Mother permission to relocate with the children to the City K area, and to establish a schedule for the children's time with each parent, ensuring the children's best interests were paramount.
The court discharged all previous parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the Mother, and she was permitted to relocate to the City K area. A detailed schedule was set out for the children's time with the Father, encompassing weekends, school holidays, and specific public holidays, with provisions for agreed arrangements or default schedules in cases of disagreement. The orders also included provisions for communication between parents and children, information sharing regarding the children's schooling and health, and an injunction restraining the parties from denigrating each other in the presence of the children or discussing the proceedings with them.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Remedies
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Costs
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Procedural Fairness
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Jurisdiction
Actions
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Citations
HIRSCH & HIRSCH (No.2) [2020] FCCA 18
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
A v A: Relocation approach
[2000] FamCA 751
U v U
[2002] HCA 36