Marston and Marston
Case
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[2007] FamCA 1362
•21 November 2007
Details
AGLC
Case
Decision Date
Marston and Marston [2007] FamCA 1362
[2007] FamCA 1362
21 November 2007
CaseChat Overview and Summary
In *Marston and Marston*, Dawe J considered parenting orders concerning two children, B and L. The dispute involved the mother's proposed relocation with the children to the Geelong area and the father's objections to this move.
The court was required to determine the extent to which the mother should be permitted to relocate with the children, and what parenting arrangements, including time spent with each parent, would be in the children's best interests following such a relocation. The court also had to consider the practicalities of shared parental responsibility and the children's ongoing schooling and extracurricular activities.
Dawe J ordered that the parties have equal shared parental responsibility for the children. The mother was permitted to move with the children to the Geelong area, but only after the conclusion of the final term of the 2007 school year. Existing parenting orders were to continue until the end of that school term. Upon the move to Geelong, the children were to live with the mother and spend time with the father during school holidays and on specified weekends during term time, subject to certain conditions. Further orders detailed the parenting arrangements once the father permanently relocated to the Geelong area, establishing a week-on, week-off shared living arrangement during term time and a 50/50 split of school holidays. Specific provisions were also made for handovers and the sharing of travel costs for the children.
The court was required to determine the extent to which the mother should be permitted to relocate with the children, and what parenting arrangements, including time spent with each parent, would be in the children's best interests following such a relocation. The court also had to consider the practicalities of shared parental responsibility and the children's ongoing schooling and extracurricular activities.
Dawe J ordered that the parties have equal shared parental responsibility for the children. The mother was permitted to move with the children to the Geelong area, but only after the conclusion of the final term of the 2007 school year. Existing parenting orders were to continue until the end of that school term. Upon the move to Geelong, the children were to live with the mother and spend time with the father during school holidays and on specified weekends during term time, subject to certain conditions. Further orders detailed the parenting arrangements once the father permanently relocated to the Geelong area, establishing a week-on, week-off shared living arrangement during term time and a 50/50 split of school holidays. Specific provisions were also made for handovers and the sharing of travel costs for the children.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs