Marijke and Turner

Case

[2018] FamCA 985

14 November 2018


Details
AGLC Case Decision Date
Marijke and Turner [2018] FamCA 985 [2018] FamCA 985 14 November 2018

CaseChat Overview and Summary

In *Marijke and Turner*, heard by McClelland J, the dispute concerned final parenting orders for a child born in 2005. The mother sought orders that would grant her sole parental responsibility, allow the child to live with her, and permit her to relocate the child to The Netherlands.

The court was required to determine the terms of final parenting orders, specifically addressing issues of parental responsibility, the child's residence, and the mother's ability to relocate the child internationally. The court also considered provisions for the child's time with the father, communication between parents regarding the child's welfare and schooling, and the exchange of contact details.

McClelland J made final parenting orders in accordance with the mother's proposed minute of order, with amendments. These orders discharged all previous parenting orders, vested sole parental responsibility in the mother, and stipulated that the child live with the mother. Crucially, the mother was permitted to change the child's place of residence to The Netherlands and to take the child outside of the Commonwealth of Australia from 14 November 2018, pursuant to s 65Y(2) of the *Family Law Act 1975* (Cth). The orders also provided for the child to spend time with the father in The Netherlands as agreed, and included detailed provisions for communication regarding the child's address, medical treatment, schooling, and updated contact information. The matter was then removed from the active pending cases list.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

Taylor & Barker [2007] FamCA 1246
AMS v AIF [1999] HCA 26