NATHAN & WESTON

Case

[2020] FamCA 541

9 July 2020


Details
AGLC Case Decision Date
NATHAN & WESTON [2020] FamCA 541 [2020] FamCA 541 9 July 2020

CaseChat Overview and Summary

The case of *Nathan & Weston* concerned parenting and property disputes between a mother and father. The mother sought sole parental responsibility for the parties' two children and permission to relocate with them to the United States of America, a proposal to which the father did not consent. The children resided with the mother and spent time with the father. The proceedings also involved allegations of extensive family violence.

The primary legal issues before the court were whether the children's best interests would be served by the mother having sole parental responsibility and by permitting the relocation to the United States. The court was also required to determine property settlement orders, noting the relationship's duration of approximately 11 years, the father's significant initial financial contribution, and the applicant mother's overwhelming contribution as homemaker and parent.

Mead J reasoned that permitting the relocation was in the children's best interests, despite the father's objection. The court discharged previous parenting orders and granted the mother sole parental responsibility, ordering that the children live with her and be at liberty to relocate to the United States from 29 August 2020. Detailed orders were made regarding the father's time with the children both pending relocation and once they were residing in the USA, including provisions for communication and travel. The court also ordered the parties' solicitors to provide draft property settlement orders within seven days.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Consent

Actions
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Cases Citing This Decision

2

Nathan and Weston (No 2) [2021] FamCA 189
Cases Cited

3

Statutory Material Cited

8

Goode & Goode [2006] FamCA 1346
Sayer v Radcliffe [2012] FamCAFC 209
Godfrey & Sanders [2007] FamCA 102