Marcott and Dunridge

Case

[2018] FCCA 1777

12 June 2018


Details
AGLC Case Decision Date
Marcott and Dunridge [2018] FCCA 1777 [2018] FCCA 1777 12 June 2018

CaseChat Overview and Summary

This case involved an application before Judge Burchardt concerning parenting arrangements for three children: [X] (born 2005), [Y] (born 2008), and [Z] (born 2010). The primary dispute centred on the mother's application to relocate from Suburb B to Suburb C, which the father opposed. The parties had a history of parenting arrangements, including a parenting plan in 2015 and consent orders in 2017, but disagreements persisted, particularly regarding the father's time with the children and the mother's alleged obstruction of the father-child relationship.

The court was required to determine the specific living arrangements for the children, including the division of time between the parents during school terms, school holidays, and special occasions. Additionally, the court had to make orders regarding the children's schooling, including their attendance at specific schools and the respondent's relocation within a certain radius. The court also addressed medical and travel arrangements for the children, as well as communication protocols and restrictions on denigration between the parties.

The court ordered equal shared parental responsibility for the children. It established a detailed schedule for the children to live with the respondent during school terms, with specific rotations for [X] and [Y] and [Z], and outlined arrangements for school holidays, including Christmas. The court also made orders concerning the children's schooling, stipulating their attendance at particular schools and restricting the respondent's ability to change their residence or school enrolments without the applicant's consent or a court order. Further orders were made regarding medical testing for coeliac disease, parental access to medical records, notification of appointments and illnesses, and provisions for overseas travel. The court also imposed non-denigration clauses, preventing either party from criticising the other to or in the presence of the children, and restricting discussions about the proceedings or negotiations with them.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Injunction

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