Perrett and Perrett

Case

[2017] FamCA 1152

14 December 2017


Details
AGLC Case Decision Date
Perrett and Perrett [2017] FamCA 1152 [2017] FamCA 1152 14 December 2017

CaseChat Overview and Summary

This matter concerned applications by the father and mother regarding their two children, B and C. Austin J of the Federal Circuit Court of Australia made orders concerning the children's living arrangements, time spent with each parent, and parental responsibility. The court also made orders restraining the father from approaching the former matrimonial home and both parties from denigrating each other in the presence of the children.

The court was required to determine the parenting arrangements for the children, including their residence, time with each parent, and the allocation of parental responsibility. Additionally, the court considered applications for interim relief and the procedural steps leading to a future trial concerning the children's welfare. The court also addressed the father's application to restrain him from attending the former matrimonial home and the general conduct of the parties towards each other in relation to the children.

Austin J ordered that all former orders regarding the children be discharged and that the parties have equal shared parental responsibility. The children were ordered to live with the father, with specific provisions for the children to spend time with the mother on Wednesdays and alternate weekends. The court also made orders regarding the collection and return of the children to school and imposed a 50-metre exclusion zone around the former matrimonial home for the father. Further orders detailed the procedural timetable for the upcoming trial, including the filing of amended applications, affidavits, and expert evidence, and dismissed outstanding interim relief applications. No order was made as to costs.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Discovery

  • Expert Evidence

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Salah & Salah [2016] FamCAFC 100
Eaby & Speelman [2015] FamCAFC 104
Banks & Banks [2015] FamCAFC 36