HUBERT & MOTTIE

Case

[2009] FamCA 1295

15 December 2009


Details
AGLC Case Decision Date
HUBERT & MOTTIE [2009] FamCA 1295 [2009] FamCA 1295 15 December 2009

CaseChat Overview and Summary

The case of *Hubert & Mottie* concerned parenting orders made by Barry J. The dispute involved the Father and Mother regarding the living arrangements, time spent with, and costs associated with their two children, R and S.

The court was required to determine a range of issues concerning the children's welfare, including with whom they would live, whether they would board at school, who would bear the costs of boarding, how the children would spend time together, and the wishes of the children. Additionally, the court addressed the jurisdiction of the matter, noting that no current applications were outstanding, leading to the dismissal of certain applications.

Barry J made detailed orders concerning the children's living arrangements, stipulating that R would live with the Father and attend The T School as a weekly boarder. S's living arrangements were phased, initially living with the Mother until the commencement of the first school term in 2013, after which S would also live with the Father and attend The T School as a weekly boarder. The orders also outlined specific arrangements for weekend and school holiday time spent with each parent, aiming to maximise the time the children spent together. The court also addressed the costs of education, requiring the parties to share equally all educational costs at T School and M School, and established a framework for parental responsibility, with each parent having sole responsibility for day-to-day decisions during their time with the children, and equal shared responsibility for major long-term issues.

The court's final orders also included provisions for communication between parents and children, changeover arrangements for the children, and responsibilities for overseas travel. The Wife's application dated 2 October 2009 and the Husband's response dated 16 October 2009 were dismissed. The orders were accompanied by a document detailing obligations, consequences of contravention, and sources of assistance.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Intention

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