Neville and Neville

Case

[2013] FamCA 925

29 November 2013


Details
AGLC Case Decision Date
Neville and Neville [2013] FamCA 925 [2013] FamCA 925 29 November 2013

CaseChat Overview and Summary

This matter concerned orders made by Dawe J regarding the parental responsibility and living arrangements for two children, K and B. The dispute involved the parents' differing views on how the children's time should be divided between them, particularly during school holidays and on special occasions. The orders also addressed the division of property and financial matters between the parents.

The court was required to determine the specific arrangements for the children's residence with each parent throughout the year, including during school terms, school holidays, and on significant dates such as birthdays and public holidays. Additionally, the court had to make orders concerning the division of various assets, including a former matrimonial home, vehicles, personal property, and financial matters, with the intention of achieving a final settlement of the parties' financial relationship.

Dawe J applied principles of the *Family Law Act 1975* (Cth) to establish orders for equal shared parental responsibility and a detailed schedule for the children's time with each parent. This schedule encompassed week-about arrangements during school terms, specific allocations for each school holiday period, and provisions for special days. The court also made orders for the division of property, including the transfer of the former matrimonial home and the distribution of personal belongings, aiming for a final resolution of financial claims between the parties. The orders included mechanisms for enforcement and provisions for the parties to obtain necessary travel documents for the children.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Remedies

  • Statutory Construction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

1

Heaton v Heaton [2012] FamCAFC 139
Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209