Tomkins and Faulkes

Case

[2017] FCCA 3018

6 December 2017


Details
AGLC Case Decision Date
Tomkins and Faulkes [2017] FCCA 3018 [2017] FCCA 3018 6 December 2017

CaseChat Overview and Summary

The case of *Tomkins and Faulkes* concerned a dispute between the father and mother regarding the living arrangements and parental responsibility for their child, X. The matter came before Judge Henderson.

The court was required to determine issues relating to the child's residence, including specific time arrangements with each parent, particularly in light of the mother's potential relocation. Additionally, the court needed to address property settlement between the parties and establish orders for equal shared parental responsibility.

Judge Henderson made orders by consent, establishing that the child, X, would have equal shared parental responsibility. The orders detailed a complex schedule for X's living arrangements with each parent, including provisions for school holidays, long weekends, and specific public holidays, with a phased transition to the father's residence in Sydney. The court also ordered the father to pay the mother $92,000 by way of alteration of property interests, with each party retaining their remaining assets. Further orders addressed travel with the child, school enrolment, communication between parents and the child, and prohibitions against derogatory comments or discussing proceedings in the child's presence.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

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