Kerrison and Capps
Case
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[2018] FCCA 1008
•27 April 2018
Details
AGLC
Case
Decision Date
Kerrison and Capps [2018] FCCA 1008
[2018] FCCA 1008
27 April 2018
CaseChat Overview and Summary
This matter concerned parenting orders made by Judge Williams concerning the child [X]. The dispute involved the parents' responsibilities and the child's living arrangements, including the mother's proposed relocation of the child's residence to a specified country. Previous orders, including a Watch List order from 5 October 2016, were to be discharged.
The court was required to determine the extent of equal shared parental responsibility, the child's primary residence, and the mother's liberty to relocate the child's residence internationally. Additionally, the court needed to establish detailed arrangements for the father's time with the child both before and after any relocation, including provisions for communication and the allocation of travel costs. The court also addressed financial maintenance obligations between the parents and the exchange of specific motor vehicles.
The court ordered that the parents have equal shared parental responsibility for the child. The child was to live with the mother, who was granted liberty to relocate the child's residence to the specified country from 15 January 2021. Extensive provisions were made for the father's time with the child, detailing specific periods and overnight stays, which were to increase over time. These arrangements were to transition to a different schedule upon relocation, including significant time spent with the father in Australia during school holidays and regular communication via video calls. The orders also stipulated financial maintenance from the father to the mother, the transfer of motor vehicles, and the provision of bond monies for a lease.
Further orders addressed the child's travel arrangements, including cost-sharing for airfares and the mother's obligation to accompany the child until they could travel as an unaccompanied minor. Special provisions were made for Christmas and Father's Day, with alternating arrangements for the child to spend time with each parent. Both parents were restrained from discussing the proceedings or denigrating the other parent in the child's presence. The court also mandated the exchange of contact information, notification of illness, and provision of work rosters, and permitted both parents to attend school functions.
The court was required to determine the extent of equal shared parental responsibility, the child's primary residence, and the mother's liberty to relocate the child's residence internationally. Additionally, the court needed to establish detailed arrangements for the father's time with the child both before and after any relocation, including provisions for communication and the allocation of travel costs. The court also addressed financial maintenance obligations between the parents and the exchange of specific motor vehicles.
The court ordered that the parents have equal shared parental responsibility for the child. The child was to live with the mother, who was granted liberty to relocate the child's residence to the specified country from 15 January 2021. Extensive provisions were made for the father's time with the child, detailing specific periods and overnight stays, which were to increase over time. These arrangements were to transition to a different schedule upon relocation, including significant time spent with the father in Australia during school holidays and regular communication via video calls. The orders also stipulated financial maintenance from the father to the mother, the transfer of motor vehicles, and the provision of bond monies for a lease.
Further orders addressed the child's travel arrangements, including cost-sharing for airfares and the mother's obligation to accompany the child until they could travel as an unaccompanied minor. Special provisions were made for Christmas and Father's Day, with alternating arrangements for the child to spend time with each parent. Both parents were restrained from discussing the proceedings or denigrating the other parent in the child's presence. The court also mandated the exchange of contact information, notification of illness, and provision of work rosters, and permitted both parents to attend school functions.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Citations
Kerrison and Capps [2018] FCCA 1008
Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
2
Bell & Nahos
[2016] FamCAFC 244
Whisprun Pty Ltd v Dixon
[2003] HCA 48
Whisprun Pty Ltd v Dixon
[2003] HCA 48