BALL & TEMPLE

Case

[2015] FCCA 2431

30 September 2015


Details
AGLC Case Decision Date
BALL & TEMPLE [2015] FCCA 2431 [2015] FCCA 2431 30 September 2015

CaseChat Overview and Summary

This matter concerned parenting orders between Ball and Temple regarding their child, X. The court, presided over by Judge Curtain, was tasked with determining the living arrangements and time spent between the child and each parent.

The primary legal issues before the court were to establish the child's primary residence, the extent of shared parental responsibility, and the specific arrangements for the child's time with each parent, including school holidays and communication. The court also had to consider injunctions and specific therapeutic requirements for the mother.

The court ordered that all previous parenting orders be discharged and that the child live with the father. By consent, the parties were granted equal shared parental responsibility. The court then detailed a comprehensive schedule for the child's time with the mother, encompassing school terms, holidays, and specific dates like Mother's Day and Christmas, with provisions for telephone contact and a communication book. Further orders included injunctions against the maternal grandfather attending changeovers and against parental denigration of the other party in the child's presence. The mother was also ordered to attend psychological therapy and a post-separation parenting course, with specific reporting requirements. The court also made orders regarding the father's obligations to keep the mother informed about the child's schooling and medical professionals, and the mother's liberty to communicate with these professionals. An order was made suspending the mother's time with the child if she relocated more than 200 kilometres from the father's residence.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Andrew & Delaine [2009] FamCAFC 182
G & C [2006] FamCA 994