VALLANS & VALLANS

Case

[2021] FCCA 1001

13 May 2021


Details
AGLC Case Decision Date
VALLANS & VALLANS [2021] FCCA 1001 [2021] FCCA 1001 13 May 2021

CaseChat Overview and Summary

In the matter of *Vallans & Vallans*, heard by Judge Lapthorn, the dispute concerned parenting arrangements for the children. The applicant sought orders for sole parental responsibility, while the respondent contended for equal shared parental responsibility.

The court was required to determine whether the presumption of equal shared parental responsibility, as established by the *Family Law Act 1975* (Cth), had been rebutted. Further, the court had to consider whether, in light of all the circumstances, orders for equal shared parental responsibility or sole parental responsibility would be in the best interests of the children. The court also considered the application of the principles established in *Rice & Asplund*.

Judge Lapthorn dismissed the application. The reasons for this decision, including the specific application of the *Rice & Asplund* principles and the assessment of the children's best interests, are detailed in the judgment. The court then made orders regarding the filing and service of written submissions in relation to costs by both the applicant and the respondent.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

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Cases Citing This Decision

0

Cases Cited

9

Statutory Material Cited

2

Godfrey & Sanders [2007] FamCA 102
SPS & PLS [2008] FamCAFC 16
Searson & Searson [2017] FamCAFC 119