Asprey and Delamarre

Case

[2014] FamCA 838

3 October 2014


Details
AGLC Case Decision Date
Asprey and Delamarre [2014] FamCA 838 [2014] FamCA 838 3 October 2014

CaseChat Overview and Summary

This matter concerned parenting orders made by Loughnan J in the Federal Circuit and Family Court of Australia. The dispute involved the parents, Asprey and Delamarre, regarding the future care and welfare of their two children, B Asprey-Delamarre and C Asprey-Delamarre.

The court was required to determine the extent of parental responsibility each parent would have, including who would have sole parental responsibility for major long-term issues. Additionally, the court needed to establish a detailed schedule for when the children would spend time with each parent, encompassing weekdays, school holidays, and specific public holidays, as well as provisions for communication between the children and the absent parent.

Loughnan J ordered that the mother would have sole parental responsibility for major long-term issues concerning the children, subject to a requirement to provide the father with written notice and information prior to making such decisions, and to consider his response. Each parent was granted sole parental responsibility for the day-to-day care and welfare of the children while they were in their exclusive care. The court then set out a comprehensive schedule for the children to spend time with the father, including specific arrangements for weekdays, school holidays, Christmas, Easter, Father's Day, and Mother's Day, with provisions for collection and return of the children. The orders also included stipulations for communication between the parents and children, notification of health matters, and mutual obligations to facilitate direct communication with schools and medical practitioners.

Further orders imposed restraints on both parents, preventing them from changing the children's surname from Asprey-Delamarre and from making derogatory remarks about each other or their families in the presence of the children. Leave was granted for the parties to apply within 28 days to vary the wording of the orders. The orders also incorporated particulars of obligations, consequences of contravention, and assistance details as set out in an attached Fact Sheet, pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Procedural Fairness

  • Remedies

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