Murgatroyd and Murgatroyd

Case

[2019] FamCA 617

4 September 2019


Details
AGLC Case Decision Date
Murgatroyd and Murgatroyd [2019] FamCA 617 [2019] FamCA 617 4 September 2019

CaseChat Overview and Summary

In Murgatroyd and Murgatroyd, Forrest J of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for four children. The dispute involved the mother's proposed relocation of the children to Germany and the father's ongoing role in their lives.

The court was required to determine the extent of shared parental responsibility for various decisions concerning the children's health, education, religion, and names. It also had to establish the practical arrangements for the children's time with each parent, particularly in light of the proposed international relocation, and address the registration of the orders in Germany.

Forrest J ordered that the mother have sole parental responsibility for decisions regarding the children's health and education, and for passport applications. Equal shared parental responsibility was ordered for decisions concerning religion, names, and any changes to parenting arrangements that would significantly impede the father's time with the children. The mother was permitted to relocate the children to Germany, with specific provisions for the father's time with the children both before and after the relocation, including arrangements for school holidays and communication. The court also made orders regarding the holding of passports, the father's exclusive possession of the former matrimonial home, and the registration of the orders in Germany.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

  • Statutory Construction

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Cases Citing This Decision

2

ALLARD & ALLARD [2021] FCCA 665
Murgatroyd & Murgatroyd (No 2) [2022] FedCFamC1F 712
Cases Cited

2

Statutory Material Cited

1

Heath & Hemming (No 2) [2011] FamCA 749
Preston v Preston [2011] FamCA 618