OSMOND & BRAND

Case

[2019] FCCA 1696

20 June 2019


Details
AGLC Case Decision Date
OSMOND & BRAND [2019] FCCA 1696 [2019] FCCA 1696 20 June 2019

CaseChat Overview and Summary

This matter concerned parenting orders for a child, [X], born in 2010. The father, a serving member of the Australian Defence Force, sought orders permitting him to relocate with [X] whenever he was posted within Australia. The mother sought to address the costs of travel for [X] to spend time with her, particularly in light of outstanding child support and costs order debts. The court was required to determine the father's entitlement to sole parental responsibility for long-term decisions, the child's living arrangements, and the specific arrangements for time spent with each parent, including provisions for relocation and the apportionment of travel costs.

The court considered the father's sole parental responsibility for long-term decisions concerning [X]'s education, religious and cultural upbringing, health, name, and significant changes to living arrangements. It also addressed the daily care responsibilities of each parent. A key issue was the child's primary residence and the father's ability to relocate with [X] within Australia due to his ADF postings. The court also had to determine the arrangements for [X] to spend time with the mother, including during school terms and holidays, and the allocation of travel expenses, particularly given existing debts.

The court made orders granting the father sole parental responsibility for long-term decisions, subject to communication with the mother. It ordered that [X] live with the father, but stipulated that during periods of the father's deployment, [X] would live with Ms A. The court permitted the father to relocate with [X] to any ADF posting within Australia. Specific time arrangements were set out for the mother, including alternate weekends and significant portions of school holidays, with provisions for communication and handovers. Crucially, the court ordered that the mother be responsible for booking and paying for [X]'s travel to her address during school holidays if outstanding child support or costs debts remained, while the father would be responsible for the return travel.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Wendland & Wendland [2017] FamCAFC 244
Godfrey & Sanders [2007] FamCA 102