Vickary and Winch

Case

[2018] FCCA 8

12 January 2018


Details
AGLC Case Decision Date
Vickary and Winch [2018] FCCA 8 [2018] FCCA 8 12 January 2018

CaseChat Overview and Summary

In the matter of *Vickary and Winch*, Judge Brown considered an application concerning the welfare of two children, X and Y. The dispute involved an interim application by the mother seeking to relocate the children to a different area, which was dismissed. The court also made orders regarding the children's residence and schooling arrangements pending a final hearing.

The primary legal issues before the court were the arrangements for the children's residence and education, particularly in light of the mother's potential relocation. The court was required to determine the best interests of the children in making these interim orders and to provide a framework for their schooling based on the mother's residential election.

Judge Brown applied the principles of the *Family Law Act 1975*, specifically Section 68L, to re-appoint an Independent Children’s Lawyer to represent the children's interests. The court's reasoning led to a dismissal of the mother's interim application to relocate the children. The court then established conditional orders for the children's residence, stipulating that they would live with the mother if she remained in her current area, or with the father if she elected to move. Specific provisions were also made for the schooling of child X, depending on which parent the children would reside with. The matter was adjourned for further directions and a final hearing was scheduled.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Injunction

  • Jurisdiction

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

2

SPS & PLS [2008] FamCAFC 16
CDJ v VAJ [1998] HCA 67
Deiter & Deiter [2011] FamCAFC 82