Long and Long (No.2)
Case
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[2017] FCCA 3118
•14 December 2017
Details
AGLC
Case
Decision Date
Long and Long (No.2) [2017] FCCA 3118
[2017] FCCA 3118
14 December 2017
CaseChat Overview and Summary
In the matter of *Long and Long (No.2)*, Judge Newbrun of the Federal Circuit Court of Australia considered applications by both the mother and the father concerning their children. The mother sought sole parental responsibility, while the father filed a contravention application.
The court was required to determine whether to grant the mother sole parental responsibility, whether the father had contravened previous court orders, and how to vary existing orders regarding the father's travel with the children to Queensland. Additionally, the court noted the father's agreement regarding the mother's authority to authorise childhood immunisations.
Judge Newbrun dismissed the mother's application for sole parental responsibility and the father's contravention application. The court varied existing orders to permit the father to travel to Queensland with the children once every three months for up to five nights, commencing 15 December 2017. This travel is subject to the father providing 28 days' notice to the mother and must occur during school holidays or specific periods of parental time, with provisions for extending the duration to align with school terms. The father is also required to provide the mother with accommodation and contact details during these trips.
The court was required to determine whether to grant the mother sole parental responsibility, whether the father had contravened previous court orders, and how to vary existing orders regarding the father's travel with the children to Queensland. Additionally, the court noted the father's agreement regarding the mother's authority to authorise childhood immunisations.
Judge Newbrun dismissed the mother's application for sole parental responsibility and the father's contravention application. The court varied existing orders to permit the father to travel to Queensland with the children once every three months for up to five nights, commencing 15 December 2017. This travel is subject to the father providing 28 days' notice to the mother and must occur during school holidays or specific periods of parental time, with provisions for extending the duration to align with school terms. The father is also required to provide the mother with accommodation and contact details during these trips.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Remedies
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Procedural Fairness
Actions
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Citations
Long and Long (No.2) [2017] FCCA 3118
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
O'Brien & O'Brien
[2017] FamCAFC 219
Marsden & Winch
[2009] FamCAFC 152
SPS & PLS
[2008] FamCAFC 16