Wallace and Wallace

Case

[2017] FamCA 814

12 October 2017


Details
AGLC Case Decision Date
Wallace and Wallace [2017] FamCA 814 [2017] FamCA 814 12 October 2017

CaseChat Overview and Summary

In the matter of *Wallace and Wallace*, Berman J of the Family Court of Australia considered an application concerning the living arrangements and time spent with two children, C (born 2008) and D (born 2011). The dispute centred on the practical arrangements for the children's care and contact with their parents, following previous orders made on 9 February 2017.

The court was required to determine the specific orders regarding where the children would live and the schedule for their time spent with each parent. Additionally, the court needed to address the practicalities of child handovers, including the location of such handovers and the attendance of one of the parents at these events. The court also considered the mother's liberty to participate in the children's school and extra-curricular activities.

Berman J discharged the previous orders and made new orders for the children to live with the father and spend time with the mother on an alternating weekend and Wednesday schedule. The court also stipulated that handovers not occurring at the children's school should take place at a police station or an agreed alternative location, and restrained the father from attending these handovers unless otherwise agreed. The mother was granted liberty to attend the children's curricular and extra-curricular activities, including school functions and events to which parents are normally invited.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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