Magar and Rastogi

Case

[2019] FamCA 545

14 August 2019


Details
AGLC Case Decision Date
Magar and Rastogi [2019] FamCA 545 [2019] FamCA 545 14 August 2019

CaseChat Overview and Summary

In the matter of *Magar and Rastogi*, Berman J of the Federal Circuit Court of Australia determined parenting orders concerning the child, M. The dispute centred on the allocation of parental responsibility and the arrangements for the child's residence and time spent with each parent.

The court was required to determine the most appropriate orders for M's upbringing, specifically addressing who would have sole parental responsibility, where M would live, and the specific schedule for M to spend time with the father. These determinations were to be made in accordance with the overarching principles of the *Family Law Act 1975* (Cth), which prioritises the best interests of the child.

Berman J made orders granting the mother sole parental responsibility for M and stipulating that M would live with the mother. The court then detailed a specific schedule for M to spend time with the father, encompassing alternate weekends, half of all short school holidays, and a week-about arrangement for long school holidays, with provisions for default in agreement. The orders also stipulated that the mother would have M at all other times unless otherwise agreed.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Sigley & Evor [2011] FamCAFC 22
Baglio & Baglio [2013] FamCA 105