Insley & Insley

Case

[2018] FCCA 438

13 March 2018


Details
AGLC Case Decision Date
Insley & Insley [2018] FCCA 438 [2018] FCCA 438 13 March 2018

CaseChat Overview and Summary

In the matter of *Insley & Insley*, heard by Judge Altobelli, the dispute concerned parenting arrangements for a child, X, born in 2018. The orders made by the court addressed where the child would live and the extent of time the child would spend with each parent.

The court was required to determine the primary residence of the child, the specific arrangements for the child to spend time with the father, including the method of changeover, and whether any geographical restrictions should be placed on the father's ability to remove the child from the state. Furthermore, the court considered the need for orders restraining the parties from making negative comments about each other or their respective families in the child's presence.

Judge Altobelli ordered that the child, X, would live with the Mother in Melbourne. The Father was granted time with the child on alternate weekends, from 10 am on Saturday until 4 pm on Sunday, with additional time to be agreed in writing. Changeovers were to occur at the Mother's residence, with the Maternal Uncle or Aunt attending as the Mother's agent. The Father was restrained from removing the child from Victoria without the Mother's written consent, and both parties were restrained from denigrating each other or their families in the child's presence.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

14

AMBROSE & SELDORS [2020] FCCA 3096
DAEGER & DAEGER (No.2) [2020] FCCA 2500
CANFELD & FALKINS [2020] FCCA 2570
Cases Cited

10

Statutory Material Cited

3

Deiter & Deiter [2011] FamCAFC 82
DREW & JENSEN [2017] FCCA 656
Eaby & Speelman [2015] FamCAFC 104