Alton and Alton

Case

[2013] FCCA 1744

5 November 2013


Details
AGLC Case Decision Date
Alton and Alton [2013] FCCA 1744 [2013] FCCA 1744 5 November 2013

CaseChat Overview and Summary

This matter concerned the parenting arrangements for the child X, born in 2007, between the Mother and the Father. The court was required to determine the specific orders regarding parental responsibility, the child's living arrangements, and the time the child would spend with each parent, including during school holidays and special occasions.

The court was tasked with establishing a comprehensive parenting plan that addressed the day-to-day care of the child, including detailed provisions for the child's time with each parent, both during school terms and holidays. Further issues included arrangements for international travel, communication between the child and each parent, and injunctions to prevent denigration of a parent in the child's presence and discussion of proceedings with the child. The court also needed to make orders concerning the notification of illness or injury and the involvement of each parent in the child's schooling.

The court made orders by consent, discharging previous arrangements. It ordered equal shared parental responsibility for the child, with the child to live with the Mother. Detailed provisions were set out for the child's time with the Father, commencing from December 2013 and extending beyond the commencement of the child's attendance at school in Term 4, 2014. These provisions included specific arrangements for school terms, Christmas and January holidays, and other school breaks, with provisions for changeovers and communication. The court also permitted the Mother to take the child on a holiday to a specified country and set conditions for future international travel by either parent, including notification periods and passport arrangements. Injunctions were imposed restraining both parents from denigrating each other in the child's presence or discussing the proceedings with the child. Further orders mandated notification of illness or injury, allowed attendance at school functions, and ensured each parent's contact details were on file at the child's school.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

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Most Recent Citation
Alton and Alton [2014] FCCA 2252

Cases Citing This Decision

1

Alton and Alton [2014] FCCA 2252
Cases Cited

1

Statutory Material Cited

0

Goode & Goode [2006] FamCA 1346