Asquith and Simpson

Case

[2009] FamCA 1356

5 June 2009


Details
AGLC Case Decision Date
Asquith and Simpson [2009] FamCA 1356 [2009] FamCA 1356 5 June 2009

CaseChat Overview and Summary

This matter concerned an application by the father and mother regarding the time the child, K, would spend with each parent. The court was required to determine the specific arrangements for K's time with each parent, including collection and delivery protocols, and communication between the parents and the child.

The court was tasked with establishing a detailed schedule for K's time with both the father and the mother, considering K's age and the practicalities of travel between parents. This included defining the duration and frequency of the father's time with K, as well as the mother's time with K. Furthermore, the court needed to address communication rights, notification requirements in case of illness, and the exchange of information regarding K's schooling and medical care.

Cohen J ordered that the father and mother would have equal shared parental responsibility for K. The judgment then set out a complex, age-dependent schedule for the father's time with K, detailing specific days, weeks, and school holiday periods. This schedule included provisions for collection and delivery, with increasing responsibilities and financial contributions from the father for travel costs as K aged. The mother was to spend time with K whenever K was not with the father. The court also made orders regarding telephone contact between each parent and K, immediate notification of serious illness or hospitalisation, provision of contact details during holidays, and the exchange of mail and educational and medical information. Reasons for judgment and costs were reserved.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

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