VELIZ & VELIZ

Case

[2014] FamCA 667

7 July 2014


Details
AGLC Case Decision Date
VELIZ & VELIZ [2014] FamCA 667 [2014] FamCA 667 7 July 2014

CaseChat Overview and Summary

In the matter of *Veliz & Veliz*, Loughnan J of the Family Court of Australia considered interim parenting arrangements for two children, B (born 2007) and C (born 2011). The father sought an increase in his time with the younger child, C, and proposed taking both children overseas for a week. The mother sought a slight decrease in C's time with the father, followed by a continuation of the current arrangements, and opposed the overseas travel with C.

The court was required to determine the interim parenting arrangements for B and C, specifically addressing the father's application for increased time with C and the proposal for international travel with both children. The central question was what interim orders would be in the best interests of the children, particularly in light of the mother's opposition to C travelling overseas with the father.

Loughnan J determined that the existing time arrangements were in the best interests of the children. The court made orders reflecting a modified schedule for both children, with the majority of time allocated to the mother unless otherwise agreed. Crucially, the father was permitted to travel overseas or within Australia with B for two weeks annually, subject to specific notice and communication requirements. The mother was also permitted to travel overseas or within Australia with both children for two weeks annually, with similar conditions. The orders incorporated a Fact Sheet detailing obligations and consequences of contravention, pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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