Backwell and Backwell
Case
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[2013] FCCA 1968
•6 December 2013
Details
AGLC
Case
Decision Date
Backwell and Backwell [2013] FCCA 1968
[2013] FCCA 1968
6 December 2013
CaseChat Overview and Summary
In *Backwell and Backwell*, heard by Judge McGuire, the dispute concerned parenting arrangements for two children, X and Y. The court was required to determine the orders relating to the children's parental responsibility, living arrangements, and time spent with each parent.
The court ordered the discharge of all previous orders concerning the children. It then established equal shared parental responsibility for both X and Y. The children were to live between the parents on a week-about basis, with changeovers occurring on Fridays at 5:00 pm, or as otherwise agreed in writing. Additionally, the children were to spend time with the parent with whom they were not residing each Wednesday from the conclusion of school until 7:30 pm, with that parent responsible for returning them. Specific provisions were made for Christmas Day, with the children to spend time with the parent with whom they were not otherwise living from 3:30 pm on Christmas Day until 5:00 pm on Boxing Day. The court also detailed the process for changeovers, stipulating that unless occurring at school or kindergarten, the father or his agent would collect the children from the mother's residence at the commencement of time, and the mother or her agents would collect them from the father's residence at the conclusion of time, or as otherwise agreed. The mother was also ordered to enrol in and complete a recognised Post Separation Parenting Course by 28 February 2014. Finally, the court referenced sections 65DA(2) and 62B of the *Family Law Act 1975*, indicating that a fact sheet detailing the obligations, potential consequences of contravention, and available assistance was attached to and incorporated into the orders.
The court ordered the discharge of all previous orders concerning the children. It then established equal shared parental responsibility for both X and Y. The children were to live between the parents on a week-about basis, with changeovers occurring on Fridays at 5:00 pm, or as otherwise agreed in writing. Additionally, the children were to spend time with the parent with whom they were not residing each Wednesday from the conclusion of school until 7:30 pm, with that parent responsible for returning them. Specific provisions were made for Christmas Day, with the children to spend time with the parent with whom they were not otherwise living from 3:30 pm on Christmas Day until 5:00 pm on Boxing Day. The court also detailed the process for changeovers, stipulating that unless occurring at school or kindergarten, the father or his agent would collect the children from the mother's residence at the commencement of time, and the mother or her agents would collect them from the father's residence at the conclusion of time, or as otherwise agreed. The mother was also ordered to enrol in and complete a recognised Post Separation Parenting Course by 28 February 2014. Finally, the court referenced sections 65DA(2) and 62B of the *Family Law Act 1975*, indicating that a fact sheet detailing the obligations, potential consequences of contravention, and available assistance was attached to and incorporated into the orders.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Remedies
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Citations
Backwell and Backwell [2013] FCCA 1968
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