WATERS & SCHUBERT

Case

[2015] FamCA 658

12 August 2015


Details
AGLC Case Decision Date
WATERS & SCHUBERT [2015] FamCA 658 [2015] FamCA 658 12 August 2015

CaseChat Overview and Summary

In the matter of *Waters & Schubert*, Berman J of the Family Court of Australia was required to determine urgent parenting orders concerning the child B. The dispute centred on the primary residence of the child and the terms of contact for the non-resident parent.

The court was tasked with determining where the child B would live and the specific arrangements for the mother's time with the child, including the method and location of handover. Further issues included whether to grant an injunction restraining the mother from changing the child's residence and the terms of any such injunction, particularly if the child's residence was to be moved interstate.

Berman J ordered that the child B be delivered to the father within 48 hours at a specified police station in New South Wales. The court declared that the child would live with the father, and detailed specific arrangements for the mother's time with the child, including alternate weekends and scheduled telephone contact. An injunction was granted restraining the mother from changing the child's current place of residence without providing the father with 48 hours' notice if the intention was to spend time outside of South Australia. The interim proceedings were dismissed.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Intention

  • Procedural Fairness

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