Lansa & Clovelly

Case

[2010] FamCA 80

11 February 2010


Details
AGLC Case Decision Date
Lansa & Clovelly [2010] FamCA 80 [2010] FamCA 80 11 February 2010

CaseChat Overview and Summary

This matter concerned parenting orders made by Murphy J in the Federal Circuit Court of Australia. The dispute involved the parents of three children, Y, C, and S, regarding their co-parenting arrangements and the children's living arrangements. The mother had sought orders for the children to live in the United States of America, which was a key point of contention.

The court was required to determine the nature of parental responsibility for the children, specifically in relation to "major long-term issues" as defined by the *Family Law Act 1975* (Cth). Additionally, the court needed to establish a framework for the children's co-parenting time with each parent, including arrangements during school terms and school holidays, as well as provisions for communication between the children and the non-resident parent. The court also had to consider the mother's application for the children to reside in the United States.

Murphy J ordered that the parents share equal parental responsibility for major long-term issues concerning the children. For issues not classified as major long-term, each parent would have responsibility while the children were in their care. The mother's application for the children to live in the United States was dismissed. The court then detailed a specific schedule for the children's living arrangements, involving consecutive three-week periods with each parent during school terms, and a division of school holidays. Provisions were also made for face-to-face time on birthdays and other significant days, and for communication between the children and the non-resident parent. All other extant applications for parenting orders were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

52

LEVAN & HUXLEY [2020] FamCA 704
MANDIC & BELLAIRE [2016] FamCA 478
Soulos & Sorbo [2015] FamCA 196
Cases Cited

11

Statutory Material Cited

2

Pitken & Hendry [2008] FamCA 186
Fitzroy & Fitzroy [2009] FamCA 954
Sampson & Hartnett (No 10) [2007] FamCA 1365