Alanson and Flindall (No.2)

Case

[2017] FCCA 2740

17 October 2017


Details
AGLC Case Decision Date
Alanson and Flindall (No.2) [2017] FCCA 2740 [2017] FCCA 2740 17 October 2017

CaseChat Overview and Summary

This matter concerned parenting orders for the child, X, born in 2014, between the mother and the father. The court was required to determine the arrangements for the child's parental responsibility, living arrangements, and communication between the parents, as well as specific conditions relating to the mother's rehabilitation and drug testing for both parties.

The court was asked to determine how parental responsibility should be exercised, particularly concerning major long-term issues affecting the child, and how decisions regarding the child's day-to-day care and welfare should be made. Further issues included the specific schedule for the child's living arrangements during school terms and holidays, arrangements for significant days, communication protocols between the parents, and provisions for travel and medical information. The court also had to consider injunctions to prevent denigration, drug and alcohol consumption, and exposure to family violence, as well as specific orders regarding the mother's rehabilitation and urine testing for both parents.

The court ordered the discharge of all previous parenting orders and established equal shared parental responsibility for major long-term issues, requiring consultation and genuine effort to reach joint decisions, with family dispute resolution as a fallback. Each parent was granted sole responsibility for decisions regarding the child's day-to-day care during their respective periods of care. Detailed living arrangements were set out, including specific schedules for school terms and holidays, with provisions for variation by agreement. The court also made orders regarding communication, travel, and the exchange of information, including a requirement for the mother to attend an alcohol and other drug rehabilitation service and for both parents to submit to urine testing upon request for a period of three years. Injunctions were granted restraining both parents from denigrating each other, consuming illicit drugs or excessive alcohol in the child's presence, exposing the child to abuse or family violence, or discussing proceedings with the child. Specific injunctions were also made regarding the maternal grandmother and maternal uncle. The court also ordered that the parties jointly pay for the child's passport and that the mother retain possession of it unless requested for travel. Finally, the court ordered that each party pay the costs of the Independent Children's Lawyer, who was then discharged.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

  • Remedies

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