HURST & MERRITT

Case

[2017] FCCA 3102

22 December 2017


Details
AGLC Case Decision Date
HURST & MERRITT [2017] FCCA 3102 [2017] FCCA 3102 22 December 2017

CaseChat Overview and Summary

This matter concerned applications before Judge Monahan concerning parenting arrangements for a child, X, born in 2012. The dispute revolved around the specific details of the child's time with each parent and related matters such as schooling and changeovers.

The court was required to determine the orders for equal shared parental responsibility, where the child would live, and the specific schedule for the child spending time with the father. Further issues included the parties' obligations regarding the child's enrolment and attendance at a particular school, the process for removing the child from that school, and the location for changeovers between parents. The court also needed to set a date for a directions hearing to ascertain the status of any remaining disputes and to make further directions, including potential transfer to the Family Court of Australia.

The court made orders for equal shared parental responsibility and that the child live with the mother. A detailed schedule was established for the child spending time with the father during school terms and holidays, with provisions for agreement between the parties and specific arrangements in the absence of agreement, including alternating halves of certain holiday periods and specific arrangements for public holidays. The court also ordered the parties to enrol the child at a specified school and restrained them from removing the child from that school without the other's consent. Changeovers were to occur at a designated shopping centre unless otherwise agreed. The court noted that the directions hearing would be used to determine if disputes remained and to consider further steps, including potential transfer to the Family Court.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Injunction

  • Remedies

Actions
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Most Recent Citation
Levett and Jabaut [2018] FCCA 284

Cases Citing This Decision

3

Montes & Booker [2020] FCCA 3601
Licata & Buxton [2019] FCCA 3181
Levett and Jabaut [2018] FCCA 284
Cases Cited

0

Statutory Material Cited

2