MCDONALD & MCDONALD
Case
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[2014] FCCA 567
•25 March 2014
Details
AGLC
Case
Decision Date
McDonald and McDonald [2014] FCCA 567
[2014] FCCA 567
25 March 2014
CaseChat Overview and Summary
In the matter of *McDonald & McDonald*, heard by Judge Scarlett, the dispute concerned parenting orders for the two children of the marriage, X and Y, both born in 2012. The applicant father and respondent mother sought to establish arrangements for the children's living arrangements, time spent with each parent, and parental responsibility.
The court was required to determine the most appropriate orders for the children's welfare, specifically addressing issues of equal shared parental responsibility, the children's primary residence, the nature and location of the father's time with the children, and the terms of changeovers between parents. Additionally, the court considered the need for an injunction to restrain the father from entering the mother's residence.
Judge Scarlett ordered that the parents have equal shared parental responsibility for X and Y. However, the children were to live with the respondent mother. The father was granted time with the children between 9:00 am and 11:00 pm on Thursdays and Sundays each week, to be spent at the home of the children's paternal aunt, Ms N, and in her presence. Changeovers were to be managed by the paternal aunt and father collecting the children from the mother's residence, and the mother collecting them from the paternal aunt's residence. Furthermore, an injunction was granted restraining the father from entering the mother's residence unless invited by her.
The court was required to determine the most appropriate orders for the children's welfare, specifically addressing issues of equal shared parental responsibility, the children's primary residence, the nature and location of the father's time with the children, and the terms of changeovers between parents. Additionally, the court considered the need for an injunction to restrain the father from entering the mother's residence.
Judge Scarlett ordered that the parents have equal shared parental responsibility for X and Y. However, the children were to live with the respondent mother. The father was granted time with the children between 9:00 am and 11:00 pm on Thursdays and Sundays each week, to be spent at the home of the children's paternal aunt, Ms N, and in her presence. Changeovers were to be managed by the paternal aunt and father collecting the children from the mother's residence, and the mother collecting them from the paternal aunt's residence. Furthermore, an injunction was granted restraining the father from entering the mother's residence unless invited by her.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
Actions
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Citations
McDonald and McDonald [2014] FCCA 567
Most Recent Citation
McDonald and McDonald [2015] FCCA 1125