Leahy and Colliss
Case
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[2017] FCCA 1992
•23 August 2017
Details
AGLC
Case
Decision Date
Leahy and Colliss [2017] FCCA 1992
[2017] FCCA 1992
23 August 2017
CaseChat Overview and Summary
In the matter of *Leahy and Colliss*, heard by Judge Obradovic, the dispute concerned parenting arrangements for three children. The orders indicate a disagreement regarding the children's living arrangements and the mother's proposed relocation.
The court was required to determine issues of equal shared parental responsibility, the children's primary residence, and whether to permit the mother to relocate with the children. Further, the court had to establish a detailed schedule for the children's time with each parent, including provisions for changeovers and communication, particularly in light of the proposed relocation. The court also addressed orders restraining disparaging remarks about a parent and ensuring both parents receive information regarding the children's schooling and medical care.
The court ordered equal shared parental responsibility for the children, with the children to live with the mother. Crucially, the mother was permitted to relocate with the children to a specified area in New South Wales. The orders then set out a comprehensive schedule for the children's time with the father, both before and after the relocation, including specific arrangements for school terms, school holidays, and changeovers, which involved air travel and shared costs. Provisions were also made for telephone communication, and both parents were restrained from making disparaging remarks about each other in the presence of the children. The court also made orders regarding the exchange of school and medical information and imposed a restraint on changing the children's school until the conclusion of the 2017 school year.
The court was required to determine issues of equal shared parental responsibility, the children's primary residence, and whether to permit the mother to relocate with the children. Further, the court had to establish a detailed schedule for the children's time with each parent, including provisions for changeovers and communication, particularly in light of the proposed relocation. The court also addressed orders restraining disparaging remarks about a parent and ensuring both parents receive information regarding the children's schooling and medical care.
The court ordered equal shared parental responsibility for the children, with the children to live with the mother. Crucially, the mother was permitted to relocate with the children to a specified area in New South Wales. The orders then set out a comprehensive schedule for the children's time with the father, both before and after the relocation, including specific arrangements for school terms, school holidays, and changeovers, which involved air travel and shared costs. Provisions were also made for telephone communication, and both parents were restrained from making disparaging remarks about each other in the presence of the children. The court also made orders regarding the exchange of school and medical information and imposed a restraint on changing the children's school until the conclusion of the 2017 school year.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Injunction
Actions
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Citations
Leahy and Colliss [2017] FCCA 1992
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
MRR v GR
[2010] HCA 4
Starr & Duggan
[2009] FamCAFC 115
Banks & Banks
[2015] FamCAFC 36