Kirshaw and Trowell

Case

[2011] FamCA 7

13 January 2011


Details
AGLC Case Decision Date
Kirshaw and Trowell [2011] FamCA 7 [2011] FamCA 7 13 January 2011

CaseChat Overview and Summary

In *Kirshaw and Trowell*, Justice Fowler of the Family Court of Australia considered an application by the mother for the child to permanently reside in Canberra, a relocation that was opposed by the father. The dispute centred on the living arrangements and time spent between the child and each parent.

The court was required to determine whether to grant the mother's application to relocate the child's permanent residence to Canberra. This involved assessing the best interests of the child in light of the proposed move and the existing parental relationship.

Justice Fowler ordered that the parents have equal shared parental responsibility for the child. The mother's application to relocate the child to Canberra was refused. The child was ordered to live with the mother, with specific provisions for the child to spend time with the father during school terms and holidays, including alternating arrangements for significant dates such as Christmas and Easter. The orders also stipulated that neither parent should speak critically of the other in the child's presence, and that both parents should communicate civilly and courteously. Further orders mandated that each parent attend a Parenting After Separation course and that the particulars of the orders and potential consequences of contravention be set out in a Family Law Courts Fact Sheet.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Luxton v Vines [1952] HCA 19
Luxton v Vines [1952] HCA 19