Lansa & Clovelly
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Citations
Lansa & Clovelly [2010] FamCA 80
Most Recent Citation
Tavarus & Tavarus [2023] FedCFamC2F 845
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