McPherson and McPherson

Case

[2018] FamCA 44

11 January 2018


Details
AGLC Case Decision Date
McPherson and McPherson [2018] FamCA 44 [2018] FamCA 44 11 January 2018

CaseChat Overview and Summary

The proceedings before Loughnan J concerned parenting orders between the parties, McPherson and McPherson. The dispute centred on the living arrangements and time spent between the child and each parent, as well as international travel arrangements for the child.

The court was required to determine the specific terms of parenting orders concerning the child's residence, the father's time with the child, and the mother's proposed travel with the child to the UK. Additionally, the court considered the father's request for the child to travel to the US and the potential appointment of a Chapter 15 expert or a family report writer to address issues including relocation, parental capacity, and alleged family violence.

Loughnan J made orders by consent and otherwise, reflecting the parties' agreement on several matters. These included orders for the child to live with the mother, with specific provisions for the father's time with the child, including supervised contact via Skype and a supervised meeting with a new sibling. The court also permitted the mother to travel to the UK with the child for a limited period, with conditions for communication with the father. The court noted the father's request for US travel was under consideration and granted leave to restore proceedings to the list for that issue. Further orders were made regarding the potential appointment of a Chapter 15 expert or a family report writer, the facilitation of the child's attendance for such assessments, and the expedition of the proceedings.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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