VERVERS & GRANT
Case
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[2015] FamCA 227
•31 March 2015
Details
AGLC
Case
Decision Date
VERVERS & GRANT [2015] FamCA 227
[2015] FamCA 227
31 March 2015
CaseChat Overview and Summary
In *Ververs & Grant*, Kent J of the Federal Circuit Court of Australia made orders concerning the parenting arrangements for a child, B, born in 2003. The dispute involved the mother's application to relocate with the child to the United States of America and the father's objections to this proposal. The court was required to determine the future parental responsibility for the child, the primary residence of the child, and the specific arrangements for the child to spend time with each parent, both before and after the proposed relocation.
The court's reasoning focused on the best interests of the child, as mandated by the *Family Law Act 1975* (Cth). Kent J discharged all previous parenting orders and made new orders that granted the mother sole parental responsibility for major long-term issues concerning B, subject to specific procedural requirements for consulting the father. The father was to be informed in writing of any proposed decisions, given an opportunity to provide written input, and his input was to be considered before the mother made a final decision. Parental responsibility for day-to-day decisions was vested in the parent with whom the child was residing at the time.
The orders stipulated that B would live with the mother and permitted her to relocate with the child to the United States of America upon the completion of Term 2 at C School in June 2015. Detailed provisions were made for the child's time with the father, both pending relocation and thereafter, including specific arrangements for holidays, communication, and travel costs. The court also made orders regarding the child's surname, the parents' communication with each other about the child's welfare and medical care, and prohibited denigration of either parent in the child's presence. Each party was granted liberty to apply in the event of issues arising concerning the operation or implementation of these orders.
The court's reasoning focused on the best interests of the child, as mandated by the *Family Law Act 1975* (Cth). Kent J discharged all previous parenting orders and made new orders that granted the mother sole parental responsibility for major long-term issues concerning B, subject to specific procedural requirements for consulting the father. The father was to be informed in writing of any proposed decisions, given an opportunity to provide written input, and his input was to be considered before the mother made a final decision. Parental responsibility for day-to-day decisions was vested in the parent with whom the child was residing at the time.
The orders stipulated that B would live with the mother and permitted her to relocate with the child to the United States of America upon the completion of Term 2 at C School in June 2015. Detailed provisions were made for the child's time with the father, both pending relocation and thereafter, including specific arrangements for holidays, communication, and travel costs. The court also made orders regarding the child's surname, the parents' communication with each other about the child's welfare and medical care, and prohibited denigration of either parent in the child's presence. Each party was granted liberty to apply in the event of issues arising concerning the operation or implementation of these orders.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
Actions
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Citations
VERVERS & GRANT [2015] FamCA 227
Most Recent Citation
Rusek and Rusek [2016] FamCA 92
Cases Cited
5
Statutory Material Cited
2
Sayer v Radcliffe
[2012] FamCAFC 209
Sayer v Radcliffe
[2012] FamCAFC 209
Mazorski & Albright
[2007] FamCA 520