SELLERS & SELLERS
Case
•
[2016] FCCA 2240
•19 August 2016
Details
AGLC
Case
Decision Date
SELLERS & SELLERS [2016] FCCA 2240
[2016] FCCA 2240
19 August 2016
CaseChat Overview and Summary
In the matter of *Sellers & Sellers*, Judge Bender of the Family Court of Australia considered an application by the father seeking to prevent the mother from relocating with the parties' two children from their current location to a new area, and for orders that the children live with him. The mother sought orders permitting her to relocate with the children to live with her partner. Both parties were found to be loving and caring parents.
The central legal issues before the court were whether the mother should be permitted to relocate with the children, and if so, what parenting orders, including the nature of the children's living arrangements and the father's time with them, should be made. The court was required to determine the best interests of the children in light of the proposed relocation and the existing parental relationship.
Judge Bender ultimately allowed the relocation, ordering that the parties have equal shared parental responsibility for the children. The court determined that the children would live with the mother and that she would be permitted to relocate with them to the specified area. Detailed orders were made regarding the father's time with the children, including specific arrangements for weekends, school holidays, and special occasions, as well as provisions for communication and information sharing between the parents. The orders also included injunctions restraining the parties from denigrating each other in the presence of the children and from exposing the children to conflict.
The central legal issues before the court were whether the mother should be permitted to relocate with the children, and if so, what parenting orders, including the nature of the children's living arrangements and the father's time with them, should be made. The court was required to determine the best interests of the children in light of the proposed relocation and the existing parental relationship.
Judge Bender ultimately allowed the relocation, ordering that the parties have equal shared parental responsibility for the children. The court determined that the children would live with the mother and that she would be permitted to relocate with them to the specified area. Detailed orders were made regarding the father's time with the children, including specific arrangements for weekends, school holidays, and special occasions, as well as provisions for communication and information sharing between the parents. The orders also included injunctions restraining the parties from denigrating each other in the presence of the children and from exposing the children to conflict.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Injunction
Actions
Download as PDF
Download as Word Document
Citations
SELLERS & SELLERS [2016] FCCA 2240
Cases Citing This Decision
0
Cases Cited
12
Statutory Material Cited
2
U v U
[2002] HCA 36
Bolitho & Cohen
[2005] FamCA 458
Taylor & Barker
[2007] FamCA 1246