Atkinson and Atkinson (No.3)

Case

[2016] FCCA 2284

2 September 2016


Details
AGLC Case Decision Date
Atkinson and Atkinson (No.3) [2016] FCCA 2284 [2016] FCCA 2284 2 September 2016

CaseChat Overview and Summary

This matter concerned parenting orders for a child, X, born in 2013, between his mother, Ms Atkinson, and his father, Mr Atkinson. The court was required to determine the future parenting arrangements for X, including issues of parental responsibility, living arrangements, and time spent with each parent.

The court was asked to determine the extent of sole parental responsibility for major decisions concerning X, where X would live, and the nature and extent of time X would spend with his father. Additionally, the court considered whether to impose restrictions on Mr Atkinson regarding presenting X to counsellors, psychologists, or medical practitioners, and how parental information would be shared with X's school.

In its reasoning, the court discharged all prior parenting orders and made new orders granting Ms Atkinson sole parental responsibility for all major issues concerning X, with X to live with her. Time spent with Mr Atkinson was to be facilitated through a supervised contact service, with specific arrangements outlined for periods before and after X commenced primary school. The court also made orders pursuant to section 68B of the *Family Law Act 1975* restraining Mr Atkinson from presenting X to certain professionals without Ms Atkinson's consent, except in emergency medical situations. Further orders stipulated that both parents were to be recorded as emergency contacts at X's school, with provisions to ensure their details were not accessible to each other, and that they were to be notified of any emergency medical treatment provided to X. The Independent Children's Lawyer was discharged with thanks.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Consent

  • Remedies

  • Procedural Fairness

  • Costs

  • Appeal

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

8

MRR v GR [2010] HCA 4
Oakley & Cooper [2009] FamCAFC 133