Badeni and Dangerfield
Case
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[2020] FCCA 344
•27 February 2020
Details
AGLC
Case
Decision Date
Badeni and Dangerfield [2020] FCCA 344
[2020] FCCA 344
27 February 2020
CaseChat Overview and Summary
In the matter of *Badeni and Dangerfield*, heard by Judge Harman, the dispute concerned parenting orders for five children: V (born 2003), W (born 2005), X (born 2009), Y (born 2011), and Z (born 2013). The proceedings sought to establish the future living arrangements, parental responsibility, and time spent with each parent for the children.
The court was required to determine the extent of sole and equal shared parental responsibility for the children, particularly concerning medical and health decisions for Y. Additionally, the court needed to establish the living arrangements for the children, the specific time each parent would spend with them, and the communication protocols between parents and children, as well as between the parents themselves regarding the children's welfare. The court also considered provisions for international travel and the management of Y's diabetes.
Judge Harman ordered the discharge of all prior parenting orders. Ms Dangerfield was granted sole parental responsibility for medical and health decisions concerning Y, with specific provisions for Mr Badeni to access medical reports, attend appointments (by telephone for quarterly clinic appointments), and arrange face-to-face appointments under certain conditions. Both parents were to ensure Y's glucose monitoring data was uploaded promptly. Subject to these specific provisions for Y, both parents were to have equal shared parental responsibility for all five children.
The orders stipulated that W, X, Y, and Z would live with Ms Dangerfield, while V would live with and spend time with each parent according to her wishes. Detailed time arrangements were set out for Mr Badeni's time with W, X, Y, and Z, including during school terms, holidays, birthdays, and specific weekends. Further orders addressed communication between parents and children, the exchange of information regarding medical matters and emergencies, and specific requirements for Mr Badeni concerning Y's diabetes management, including the presence of a trained individual and a glucagon kit. The court also imposed restrictions on Mr Badeni's communication with schools and other entities, and mandated that both parents be listed as emergency contacts and have access to school information. Provisions were made for parents to attend school events, with notice requirements and restrictions on interaction. Finally, the court authorised international travel for the children during the care periods of each parent, subject to strict notice and passport provisions, and dismissed all outstanding applications.
The court was required to determine the extent of sole and equal shared parental responsibility for the children, particularly concerning medical and health decisions for Y. Additionally, the court needed to establish the living arrangements for the children, the specific time each parent would spend with them, and the communication protocols between parents and children, as well as between the parents themselves regarding the children's welfare. The court also considered provisions for international travel and the management of Y's diabetes.
Judge Harman ordered the discharge of all prior parenting orders. Ms Dangerfield was granted sole parental responsibility for medical and health decisions concerning Y, with specific provisions for Mr Badeni to access medical reports, attend appointments (by telephone for quarterly clinic appointments), and arrange face-to-face appointments under certain conditions. Both parents were to ensure Y's glucose monitoring data was uploaded promptly. Subject to these specific provisions for Y, both parents were to have equal shared parental responsibility for all five children.
The orders stipulated that W, X, Y, and Z would live with Ms Dangerfield, while V would live with and spend time with each parent according to her wishes. Detailed time arrangements were set out for Mr Badeni's time with W, X, Y, and Z, including during school terms, holidays, birthdays, and specific weekends. Further orders addressed communication between parents and children, the exchange of information regarding medical matters and emergencies, and specific requirements for Mr Badeni concerning Y's diabetes management, including the presence of a trained individual and a glucagon kit. The court also imposed restrictions on Mr Badeni's communication with schools and other entities, and mandated that both parents be listed as emergency contacts and have access to school information. Provisions were made for parents to attend school events, with notice requirements and restrictions on interaction. Finally, the court authorised international travel for the children during the care periods of each parent, subject to strict notice and passport provisions, and dismissed all outstanding applications.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
Badeni and Dangerfield [2020] FCCA 344