Berry and Katz (No 2)

Case

[2014] FamCA 682

22 August 2014


Details
AGLC Case Decision Date
Berry and Katz (No 2) [2014] FamCA 682 [2014] FamCA 682 22 August 2014

CaseChat Overview and Summary

In *Berry and Katz (No 2)*, Hannam J considered parenting orders concerning a child named C. The dispute involved the allocation of parental responsibility, the child's living arrangements, and time spent with each parent, as well as educational and religious upbringing. The court also addressed the costs associated with the Independent Children's Lawyer and a Dr D.

The court was required to determine the extent of each parent's responsibility for major long-term decisions concerning the child, including medical, educational, and religious matters. It also needed to establish a clear schedule for the child's time with each parent, including during school terms, holidays, and special occasions. Furthermore, the court had to make orders regarding the child's schooling and the communication between parents and the child. Finally, the court was tasked with resolving issues relating to the costs incurred by the Independent Children's Lawyer and Dr D, and the potential reimbursement of those costs.

Hannam J discharged previous orders concerning the child and made new orders that granted the father sole parental responsibility for medical decisions, except in emergencies. For other major long-term decisions, the parents were to have equal shared parental responsibility, with the father having the final say if agreement could not be reached, provided he genuinely considered the mother's views and notified her of the outcome. The child was ordered to live with the father, with a detailed schedule for time spent with the mother, including specific arrangements for school terms, holidays, and religious festivals. The court also made orders regarding the child's schooling, including enrolment in a specific primary school and the process for selecting secondary education, and permitted each parent to involve the child in their respective religious practices during their time with the child. The court also imposed restrictions on denigrating the other parent or questioning the child about their time with the other parent.

The court ordered that all previous orders concerning the child C be discharged. The father was to have sole parental responsibility for medical decisions, while equal shared parental responsibility was to apply to other major long-term decisions, with the father having a casting vote if agreement could not be reached. C was to live with the father, and specific time arrangements were set for the mother. Orders were made regarding C's education, including enrolment in G School and the process for selecting secondary schooling. The parties were to share the costs of the Independent Children's Lawyer equally, and the father was initially responsible for the costs of Dr D's appearance at the final hearing, with the issue of reimbursement for Dr D's reports and court attendance to be determined later. All outstanding parenting matters were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

G & C [2006] FamCA 994