Milford and Mansell

Case

[2014] FamCA 1252

13 June 2014


Details
AGLC Case Decision Date
Milford and Mansell [2014] FamCA 1252 [2014] FamCA 1252 13 June 2014

CaseChat Overview and Summary

This matter concerned parenting orders for the child S Milford Mansell, born in 2012. The dispute involved the mother and father regarding the child's living arrangements, time spent with each parent, and parental responsibility. The decision was made by Johnston J in the Family Court of Australia.

The court was required to determine the primary caregiver of the child, the extent of time the child would spend with each parent, and the arrangements for the child's relocation to London. Specifically, the court needed to address parental responsibility, the child's primary residence, the father's time with the child both before and after relocation to the UK, arrangements for special days, and the facilitation of communication and travel between the parents and the child. The court also had to consider provisions for the child's education and medical care, and the enforcement of the orders in the UK.

Johnston J made orders discharging all previous parenting orders. The child was ordered to live with her mother, and the mother was permitted to relocate the child to London. Parental responsibility was shared between both parents, with the mother required to consult the father regarding the child's schooling. Detailed provisions were made for the child to spend time with her father, both before and after the relocation to the UK, with specific timeframes and locations outlined. The court also established protocols for communication, including regular Skype calls and the exchange of information regarding the child's health and education.

The court ordered that the mother be responsible for ensuring the child travels to Sydney once a year for a minimum of 15 days, bearing all associated costs. The father was required to provide notice of his intention to visit the child in London, and the mother was to place $50,000 in a trust account for the father's airfare costs, as well as provide accommodation for him for up to 12 weeks per year. The mother was also ordered to bear the costs associated with registering the orders in the UK or obtaining substantially identical orders there. Finally, both parents were ordered to contribute to the costs of the Independent Child Lawyer and a medical expert.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

1

Sayer v Radcliffe [2012] FamCAFC 209