MACE & MACE

Case

[2019] FCCA 2969

15 October 2019


Details
AGLC Case Decision Date
Mace and Mace [2019] FCCA 2969 [2019] FCCA 2969 15 October 2019

CaseChat Overview and Summary

In the matter of MACE & MACE, Judge Morley considered an interim hearing concerning parenting arrangements for two children, [X] and [Y]. The father sought to prevent the mother from altering the children's place of residence, while the mother sought leave to relocate the children's residence during her periods of care.

The court was required to determine whether to grant the mother leave to relocate the children's place of residence and, by extension, to make interim orders regarding the children's living arrangements, time spent with each parent, and educational provisions. The central issue revolved around the proposed relocation and its impact on the existing shared parental responsibility and time arrangements.

Judge Morley made orders reflecting equal shared parental responsibility and a week-about living arrangement for the children. Crucially, the mother was granted leave to relocate the children's place of residence to any location within the Southern suburbs of the Town A area whilst they were in her care. The orders also stipulated specific arrangements for time spent with each parent during school terms and holidays, and maintained the children's current school attendances with provisions for future high schooling. Further orders included restrictions on denigration of either parent in the children's presence and specified locations for changeovers.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Injunction

Actions
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Cases Citing This Decision

0

Cases Cited

12

Statutory Material Cited

3

MRR v GR [2010] HCA 4
Norbis v Norbis [1986] HCA 17