Keles and Keles

Case

[2016] FamCA 1106

21 December 2016


Details
AGLC Case Decision Date
Keles and Keles [2016] FamCA 1106 [2016] FamCA 1106 21 December 2016

CaseChat Overview and Summary

The case of *Keles and Keles* concerned parenting orders made by McClelland J regarding the care arrangements for two children, F and E. The dispute centred on the specific terms of the week-about living arrangements for the children during school terms and the division of time during NSW school holidays, including provisions for international travel.

The court was required to determine the precise schedule for the children's residence with each parent during school terms and to establish detailed rules for the division of NSW school holidays between the parents. Furthermore, the court needed to set out the conditions and restrictions under which either parent could travel internationally with the children, including notice periods, itinerary requirements, and security provisions for travel to non-Hague Convention countries.

McClelland J ordered that the children live with each parent on a week-about basis during school terms. For school holidays, a detailed alternating schedule was established for both short holidays and the Christmas period, with specific provisions for even and odd-numbered years. The court also stipulated that NSW school holidays would commence and conclude at specific times relative to school attendance and resumption, with a defined midway point. Regarding international travel, parents were permitted to take the children out of Australia for up to twenty-one days, coinciding with school holidays unless specific school permission was obtained. A minimum of six weeks' written notice, including a full itinerary and contact details, was mandated. Crucially, travel to countries not party to the Hague Convention required the other parent's written consent, or a security deposit of $20,000, which would be forfeited if the travelling parent failed to return the children within seven days of the due date. If a parent took the children for all short school holidays overseas, the children would commence the week-about arrangement with the other parent upon their return and spend an additional week with the non-travelling parent during the Christmas holidays.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

Sukova & Allen [2011] FamCA 340