Alden and Dodds

Case

[2015] FCCA 185

30 January 2015


Details
AGLC Case Decision Date
Alden and Dodds [2015] FCCA 185 [2015] FCCA 185 30 January 2015

CaseChat Overview and Summary

This matter concerned parenting orders for a child, [X], born in 2009, between the parties, Alden and Dodds. The proceedings were before Judge Cole.

The court was required to determine the arrangements for the child's living arrangements, time spent with each parent, communication between the parents and the child, and specific orders regarding parental responsibility, handovers, and the exchange of information. The court also considered injunctions to restrain certain behaviours between the parties and orders relating to the child's schooling and medical care.

Judge Cole ordered that all previous orders be discharged. The court made orders for equal shared parental responsibility for the child, with the child to live with the mother. The father was granted specific periods of time with the child, which were detailed and phased in over time, including provisions for weekends, school holidays, and special occasions such as birthdays and Christmas. The orders also stipulated communication methods between the father and the child, and the location for handovers. Furthermore, the court issued injunctions restraining both parties from denigrating each other, discussing proceedings with the child, physically disciplining the child, engaging in abusive communication, attending at the other party's residence or place of work, posting about proceedings on social media, or changing the child's principal place of residence without consent or court order. The father was also restrained from engaging in employment while the child was in his care. The court also made provisions for both parents to obtain information from the child's school and medical providers, and for the mother to attend therapy. The appointment of the Independent Children's Lawyer was discharged, and the proceedings were otherwise dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Champness & Hanson [2009] FamCAFC 96
Mazorski & Albright [2007] FamCA 520
Starr & Duggan [2009] FamCAFC 115