Voss and Horner

Case

[2015] FCCA 340

18 February 2015


Details
AGLC Case Decision Date
Voss and Horner [2015] FCCA 340 [2015] FCCA 340 18 February 2015

CaseChat Overview and Summary

In the matter of *Voss and Horner*, heard by Judge Hughes, the applicant mother sought permission to relocate with her two children, born in 2004, to the Philippines for a three-year period. The respondent father opposed this relocation. The dispute centred on the practical arrangements for the children's lives during this proposed period of absence from Australia.

The court was required to determine whether to grant the mother's application for relocation and, if so, what specific orders should be made to govern the children's time with each parent, their communication, and the associated costs. A key consideration was the expressed wishes of the third child, born in 1999, regarding his own relocation or remaining in Australia.

Judge Hughes permitted the relocation of the two younger children to the Philippines for a three-year period, commencing mid-2015 and concluding mid-2018. The court made detailed orders regarding the children's time with the father in Australia during school breaks, including specific durations for Christmas and Easter breaks, and half of the long summer breaks in 2016 and 2017. The orders also stipulated that the children would spend additional time with their father in the Philippines during school terms, as agreed by the parties. Furthermore, the court mandated that both parents take reasonable steps to facilitate regular telephone and Skype communication between the children and their father, and amongst all three children. The wishes of the eldest child were to be implemented, and the parents were to share equally the costs of the children's travel between Australia and the Philippines, excluding any government contributions.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

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