TURNBULL & TURNBULL

Case

[2015] FamCA 1099

10 December 2015


Details
AGLC Case Decision Date
TURNBULL & TURNBULL [2015] FamCA 1099 [2015] FamCA 1099 10 December 2015

CaseChat Overview and Summary

In *Turnbull & Turnbull*, Foster J of the Family Court of Australia considered an application concerning interim parenting arrangements for a child. The dispute arose between the parents, who had previously agreed to interim orders, following the father obtaining employment at a significant distance from the mother. The central issues revolved around the child's schooling for the upcoming year, the quantum of time the child would spend with the father, and the practical arrangements for changeovers, all against a backdrop of considerable interpersonal conflict between the parents.

The court was required to determine the best interests of the child in relation to these matters. Specifically, the court had to decide which of the proposed schools the child should attend, given that the child had an established relationship with the school proposed by the mother, and both proposed schools were a considerable distance from the father's new place of employment. Furthermore, the court needed to consider how to maintain a meaningful relationship between the child and both parents, and how to manage changeover arrangements in light of the parents' ongoing conflict.

Foster J ordered that the child attend the school proposed by the mother. In reaching this decision, the court applied the paramount consideration of the child's best interests, noting the child's established relationship with that school. The court also determined that the child's interest in maintaining a meaningful relationship with both parents necessitated substantially retaining the existing regime for the child's time with the father. The court further addressed the changeover arrangements, taking into account the parents' conflict.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

8

Statutory Material Cited

1

TURNBULL & TURNBULL [2014] FCCA 2606
Re G: Children's Schooling [2000] FamCA 462
Kirkland & Granger [2007] FamCA 1471