Bissette and Seymour

Case

[2019] FamCA 896

28 November 2019


Details
AGLC Case Decision Date
Bissette and Seymour [2019] FamCA 896 [2019] FamCA 896 28 November 2019

CaseChat Overview and Summary

This matter concerned an application by the father, Mr Bissette, for orders regarding his time with the child, X, and related communication and logistical arrangements, against the mother, Ms Seymour. The decision was made by Foster J.

The court was required to determine the specific arrangements for the child's time with the father, including the frequency, duration, and timing of these periods, as well as provisions for school holidays and special occasions. Further issues included the method and timing of changeovers between parents, the exchange of contact details, the father's involvement in the child's schooling, and the parameters for communication between the parents and between each parent and the child when the child was not in their care. The court also needed to establish protocols for informing each parent about the child's health and medical appointments.

Foster J made detailed orders concerning the child's time with the father, commencing with agreed periods and then transitioning to a structured schedule of alternate weekends and specific holiday arrangements. These orders included provisions for communication via SMS or email for agreement on time, and in default of agreement, a detailed timetable was set out. The court also stipulated how changeovers were to occur, initially at a contact centre or a designated restaurant, and later at a restaurant if not at school. Provisions were made for the father to be recorded on the child's school information to receive newsletters, reports, and attend school events, with specific directions regarding his conduct at such events. The orders also established designated times for telephone and Skype communication between each parent and the child when not in their care, and mandated that all communication between the parents regarding the child's care and arrangements should be via SMS or email, with prompt replies required. Furthermore, the court ordered that each parent must inform the other of any major illness, injury, or medical appointments for the child and provide details of medical practitioners.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

1

Mazorski & Albright [2007] FamCA 520