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.
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
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
-
Jurisdiction
-
Natural Justice
-
Procedural Fairness
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
Insley & Insley [2018] FCCA 438
Most Recent Citation
Stanton and Crawford [2018] FCCA 1700
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