Russon and Duane

Case

[2013] FCCA 4

19 April 2013


Details
AGLC Case Decision Date
RUSSON & DUANE [2013] FCCA 4 [2013] FCCA 4 19 April 2013

CaseChat Overview and Summary

In *Russon and Duane*, the applicant mother sought orders concerning the parental responsibility and living arrangements for the parties' two children, [X] and [Y]. The respondent father sought orders for time with the children. The matter came before Judge McGuire.

The court was required to determine the most appropriate orders for the children's welfare, specifically regarding equal shared parental responsibility, the children's primary place of residence, and the time the children would spend with each parent. The court also considered the mother's application to relocate the children's primary abode from [H] to [W].

Judge McGuire discharged all extant orders and made new orders reflecting equal shared parental responsibility. The children were ordered to live with the mother, and she was permitted to move their primary place of abode to [W]. The father was granted significant time with the children, including alternate weekends, one night per week, half of all school holidays (with specific provisions for Christmas), and time on birthdays and Father's Day. The court also stipulated that changeovers would occur at a mutually agreed location between [H] and [W], or failing agreement, the parties had liberty to apply. The orders also ensured both parents had access to the children's school information. The court noted that the particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Most Recent Citation
Jewel v Jewel [2013] FCWA 81

Cases Citing This Decision

1

Jewel v Jewel [2013] FCWA 81
Cases Cited

3

Statutory Material Cited

4

Morgan v Miles [2007] FamCA 1230
Sayer v Radcliffe [2012] FamCAFC 209
Champness & Hanson [2009] FamCAFC 96