BECKLIN & BECKLIN

Case

[2020] FCCA 941

30 April 2020


Details
AGLC Case Decision Date
BECKLIN & BECKLIN [2020] FCCA 941 [2020] FCCA 941 30 April 2020

CaseChat Overview and Summary

In the matter of BECKLIN & BECKLIN, Judge Cole considered an application by the mother for primary care of the parties' two children, X and Y, who have complex special needs. The parents were already engaged in an equal shared care arrangement.

The court was required to determine the most appropriate parenting orders for the children, specifically whether to continue with equal shared parental responsibility and care, or to grant the mother primary care. This involved assessing the capacity of each parent to meet the children's significant special needs, including their autism, and to facilitate their ongoing therapeutic and medical care.

Judge Cole ultimately ordered that the parties retain equal shared parental responsibility for X and Y. The court established a detailed schedule for the children's living arrangements, alternating between the parents on a weekly basis, with specific provisions for special occasions and school holidays. Crucially, the orders mandated that both parents facilitate the children's attendance at various practitioners and professionals involved in their care, and to keep each other informed of all medical and educational matters. The court also made specific directions regarding the transfer of medical files and the engagement of a psychologist to assist with co-parenting.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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