MARTIN & BULLER
Case
•
[2015] FamCA 565
•8 July 2015
Details
AGLC
Case
Decision Date
MARTIN & BULLER [2015] FamCA 565
[2015] FamCA 565
8 July 2015
CaseChat Overview and Summary
In the matter of *Martin & Buller*, Forrest J of the Family Court of Australia considered an application by the mother to vary existing interim parenting orders concerning the parties' two children. The Independent Children's Lawyer supported the mother's position. The father failed to appear at the hearing.
The court was required to determine whether to grant the mother sole parental responsibility for the children and whether to permit the mother to change the children's school. The court also considered orders relating to property adjustment proceedings.
Forrest J reasoned that, in light of the father's non-appearance and the Independent Children's Lawyer's support for the mother's application, it was appropriate to vary the interim parenting orders. The court ordered that the mother have sole parental responsibility for the children until further order. The court further permitted the mother to remove the children from their current school and enrol them at a new school, with a restraint against further removal without the father's agreement or a court order.
In relation to the financial proceedings, the court ordered the respondent father to file and serve an Amended Response and a Financial Statement by 24 July 2015. The parenting matter was adjourned for mention before Registrar Brooks.
The court was required to determine whether to grant the mother sole parental responsibility for the children and whether to permit the mother to change the children's school. The court also considered orders relating to property adjustment proceedings.
Forrest J reasoned that, in light of the father's non-appearance and the Independent Children's Lawyer's support for the mother's application, it was appropriate to vary the interim parenting orders. The court ordered that the mother have sole parental responsibility for the children until further order. The court further permitted the mother to remove the children from their current school and enrol them at a new school, with a restraint against further removal without the father's agreement or a court order.
In relation to the financial proceedings, the court ordered the respondent father to file and serve an Amended Response and a Financial Statement by 24 July 2015. The parenting matter was adjourned for mention before Registrar Brooks.
Details
Key Legal Topics
Areas of Law
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Family Law
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Citations
MARTIN & BULLER [2015] FamCA 565
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