SWINTON & BARNSTABLE

Case

[2011] FamCA 548

15 July 2011


Details
AGLC Case Decision Date
SWINTON & BARNSTABLE [2011] FamCA 548 [2011] FamCA 548 15 July 2011

CaseChat Overview and Summary

This matter concerned parenting orders and property settlement between the father and the mother. The primary dispute revolved around the arrangements for the child, J, born in April 2003, particularly concerning the father's overseas residence and the child's time with him. Additionally, there was a component of property settlement to be resolved.

The court was required to determine the best interests of the child, J, in relation to living arrangements and parental responsibility, considering the father's residence overseas and his regular visits to Australia. The court also needed to make orders regarding the child's time with each parent, including travel arrangements and the possession of passports. Finally, the court was tasked with making orders for property settlement between the parties.

Ryan J made orders for equal shared parental responsibility for the child. The court detailed specific arrangements for the child to spend time with the father, including during school holidays, with provisions for overseas travel and changeovers. Orders were made concerning the possession and release of the child's British, Australian, and Country 1 passports. The court also mandated that both parents facilitate and encourage the child's communication with the other parent, including through telephone and internet, and ordered the father to modify a blog established for the child to protect his privacy. In terms of property settlement, the father was ordered to pay a sum of $21,576.75 to the mother within three months.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Consent

Actions
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Cases Citing This Decision

1

Cases Cited

4

Statutory Material Cited

2

Browne v Green [2002] FamCA 791
B & B [2000] FamCA 1301