Stanley and Stanley

Case

[2016] FamCA 1130

14 December 2016


Details
AGLC Case Decision Date
Stanley and Stanley [2016] FamCA 1130 [2016] FamCA 1130 14 December 2016

CaseChat Overview and Summary

In the matter of *Stanley and Stanley*, Benjamin J of the Family Court of Australia determined the parenting arrangements for three children, M, C, and J. The dispute concerned the allocation of parental responsibility, the children's residence, and the father's future involvement with the children, including the mother's proposed relocation.

The court was required to determine whether the mother should have sole parental responsibility for the children, where the children should live, and whether the mother should be permitted to relocate with the children to Tasmania or elsewhere within Australia without the father's consent. Furthermore, the court had to decide the extent of the father's future contact, if any, with the children.

Benjamin J ordered that the mother have sole parental responsibility for the children and that they live with her. Crucially, the court permitted the mother to relocate with the children to Tasmania or any other location within Australia without the father's consent. In a significant departure from typical arrangements, the father was ordered to have no time and no communication with the children. The court also made orders regarding the particulars of these obligations and the consequences of contravention, referencing sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). All extant applications were dismissed, save for any costs applications.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

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