Vince and Vince

Case

[2016] FCCA 2590

7 October 2016


Details
AGLC Case Decision Date
Vince and Vince [2016] FCCA 2590 [2016] FCCA 2590 7 October 2016

CaseChat Overview and Summary

This matter concerned orders made by Judge Mead regarding the parental responsibility and time arrangements for two children, X and Y. The dispute centred on the parents' shared parental responsibility, the children's primary residence, and the mother's proposed relocation with the children to the Adelaide Metropolitan Area.

The court was required to determine the extent of equal shared parental responsibility for the children, where the children would live, and whether the mother should be permitted to relocate the children to the Adelaide Metropolitan Area. Further, the court needed to establish specific arrangements for the children to spend time with and communicate with their father, both pending the relocation and after the relocation had occurred.

Judge Mead ordered that all previous orders be discharged. The court found that the father and mother should have equal shared parental responsibility for the children. The children were ordered to live with the mother, and she was granted liberty to relocate them to the Adelaide Metropolitan Area following the conclusion of the 2017 school year. Detailed provisions were made for the children to spend time with their father, both before and after the relocation, including specific arrangements for school terms, holidays, and communication. The court also made orders regarding the use of communication books or email for information sharing and specified handover procedures.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

1

VINCE & VINCE (No.2) [2021] FCCA 282
Cases Cited

0

Statutory Material Cited

2