Avery and Chand

Case

[2007] FamCA 1556

12 November 2007


Details
AGLC Case Decision Date
Avery and Chand [2007] FamCA 1556 [2007] FamCA 1556 12 November 2007

CaseChat Overview and Summary

In the matter of *Avery and Chand*, Guest J of the Family Court of Australia considered parenting orders concerning two children, S and T. The dispute revolved around the arrangements for the children's living arrangements and parental responsibility.

The court was required to determine the appropriate orders for equal shared parental responsibility, the children's living arrangements, and specific provisions for holidays, birthdays, and international travel. The court also considered the discharge of previous parenting orders and the appointment of an Independent Children's Lawyer.

Guest J ordered the discharge of all previous parenting orders and established equal shared parental responsibility for the children. The court detailed a complex schedule for the children to live with the wife and the husband, including specific arrangements for weekends, weekdays, school holidays, and Christmas holidays, with provisions for the non-resident parent to spend time with the children on their birthdays and for Father's Day and Mother's Day. Further orders addressed the wife's potential travel to the United States with the children, requiring notice, passport arrangements, and restrictions on travel to other countries. The court also mandated that both parents ensure the children attend scheduled sporting commitments and included a Fact Sheet detailing the obligations and consequences of contravening the orders. The order for an Independent Children's Lawyer was discharged, and it was deemed reasonable to brief Counsel. The parties agreed to consult a psychologist regarding issues relating to the children.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Procedural Fairness

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