Marsh and Davidson

Case

[2016] FCCA 2428

2 November 2016


Details
AGLC Case Decision Date
Marsh and Davidson [2016] FCCA 2428 [2016] FCCA 2428 2 November 2016

CaseChat Overview and Summary

In the matter of Marsh and Davidson, heard by Judge Altobelli, the court was asked to determine parenting orders for the child X. The dispute concerned the arrangements for the child's care, residence, and time spent with each parent, including a proposed relocation by the mother.

The legal issues before the court included the discharge of previous parenting orders, the establishment of equal shared parental responsibility for long-term decisions regarding the child's education, religion, health, and living arrangements. The court was also required to determine the child's primary residence, the father's time with the child, and the specific arrangements for school holidays, special occasions, and communication between the parents. Furthermore, the court considered the mother's application to relocate the child's residence and the enrolment of the child in a new school.

Judge Altobelli ordered the discharge of all previous parenting orders. The court established equal shared parental responsibility for long-term decisions and ordered that the child live with the mother. The mother was permitted to relocate the child's residence to a specified location from a certain date. Detailed provisions were made for the child's time with the father, including a four-week cycle during school terms, specific arrangements for school holidays, and provisions for special occasions such as Easter, Father's Day, and birthdays. The court also made orders regarding communication between the parents, including provisions for medical information, school matters, and dispute resolution. A change of the child's name was also ordered by consent.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

MRR v GR [2010] HCA 4