Bartram and Dawes

Case

[2016] FCCA 2591

7 October 2016


Details
AGLC Case Decision Date
Bartram and Dawes [2016] FCCA 2591 [2016] FCCA 2591 7 October 2016

CaseChat Overview and Summary

This matter concerned orders made by Judge Phipps concerning the parental responsibility and time arrangements for two children, X and Y. The dispute involved the parents' arrangements for the children, including the mother's proposed relocation with the children and the father's time with them.

The court was required to determine the extent of equal shared parental responsibility, the children's living arrangements, and the specific terms of the father's time with the children, particularly in light of the mother's relocation. Further issues included arrangements for school enrollment, communication between parents and children, and orders preventing denigration of either parent.

Judge Phipps made orders reflecting a consent agreement between the parties. The court ordered equal shared parental responsibility for the children, with the children to live with the mother. The mother was permitted to relocate the children's residence, and specific arrangements were detailed for the children's schooling and their time with the father, including during school terms, holidays, and special occasions like Christmas and birthdays. The orders also included provisions for communication, information sharing, and prohibitions against denigration, as well as requirements for post-separation parenting education and counselling for the parents and children.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

2

Taylor & Barker [2007] FamCA 1246
U v U [2002] HCA 36
Bolitho & Cohen [2005] FamCA 458