McDonald and Leach

Case

[2016] FCCA 766

11 April 2016


Details
AGLC Case Decision Date
McDonald and Leach [2016] FCCA 766 [2016] FCCA 766 11 April 2016

CaseChat Overview and Summary

In the matter of *McDonald and Leach*, heard before Judge Henderson, the court was required to make orders concerning the parental responsibility and time arrangements for the parties' two children, X and Y. The dispute centred on the arrangements for the children's living situation, time spent with each parent, and the mother's proposed relocation with the children to Brisbane.

The primary legal issues before the court were the determination of equal shared parental responsibility, the children's primary residence, and the specific arrangements for the children to spend time with each parent, including the practicalities of a relocation. The court also had to consider provisions for communication between the children and the non-resident parent, as well as information sharing regarding the children's health, education, and travel.

Judge Henderson ordered that the mother and father have equal shared parental responsibility for the children. The children were ordered to live with the mother, who was permitted to relocate their primary residence to Brisbane from the second term of 2016. Detailed provisions were made for the children to spend time with the father during school terms and holidays, including specific weekend arrangements, public holiday extensions, and holiday allocations. The orders also stipulated arrangements for significant dates, communication between parents and children, and the exchange of information concerning the children's health, education, and travel plans.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

U v U [2002] HCA 36
MRR v GR [2010] HCA 4
Sayer v Radcliffe [2012] FamCAFC 209