Reilly and Mooney

Case

[2017] FamCA 1164

17 October 2017


Details
AGLC Case Decision Date
Reilly and Mooney [2017] FamCA 1164 [2017] FamCA 1164 17 October 2017

CaseChat Overview and Summary

In the matter of *Reilly and Mooney*, Cronin J considered parenting orders concerning a child born in 2015. The dispute involved the arrangements for the child's residence, parental responsibility, and communication between the parents, particularly in light of the mother's intention to relocate to the United Kingdom with the child.

The court was required to determine the appropriate parenting arrangements, including the extent of equal shared parental responsibility for major long-term decisions, the child's primary residence, and the nature and frequency of the father's time with the child, both before the mother's departure and during potential visits to the UK. Additionally, the court had to consider the mother's application for permission to take the child internationally and the registration of the orders in the United Kingdom.

Cronin J ordered the discharge of previous parenting orders, including an "Airport Watch order" and the appointment of an Independent Children's Lawyer. The court established equal shared parental responsibility for major long-term decisions, with communications to be conducted electronically. The child was ordered to live with the mother, who was granted permission to travel internationally with the child to live in the UK. Specific provisions were made for the father's weekend time with the child in Melbourne before the mother's departure and upon her return, as well as for FaceTime communication when the child is in the UK. The father was also granted specific FaceTime communication on significant dates. The parties were directed to register the orders in the United Kingdom within 60 days.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

1

Sampson & Hartnett (No 10) [2007] FamCA 1365
Oswald & Karrington [2016] FamCAFC 152
McCall & Clark [2009] FamCA 92