Boden and Boden

Case

[2018] FCCA 82

25 January 2018


Details
AGLC Case Decision Date
Boden and Boden [2018] FCCA 82 [2018] FCCA 82 25 January 2018

CaseChat Overview and Summary

This matter concerned parenting orders for the child, X, born in 2010, between the Mother and the Father. The dispute revolved around the arrangements for the child's long-term care, welfare, and development, as well as specific living arrangements, communication, and special day arrangements. The court was required to determine the most appropriate parenting orders in the best interests of the child.

The court was tasked with determining who should have parental responsibility for long-term decisions concerning the child's care, welfare, and development. It also needed to establish the child's living arrangements, including the frequency and duration of time spent with each parent, and to set out specific provisions for communication between the child and both parents. Furthermore, the court was required to make orders regarding the child's attendance at special days, such as birthdays, Christmas, and Easter, and to address the administration of medication and medical information. Finally, the court needed to consider the attendance of parents at school and extracurricular activities, and to mandate specific programs for both parents.

Judge Willis ordered that all previous parenting orders be discharged. The Mother was granted sole parental responsibility for decisions regarding the child's long-term care, welfare, and development. The child was ordered to live with the Mother, with specific provisions for the child to spend time with the Father on alternate weekends, Wednesday afternoons, and certain special days, including Christmas and Easter in even-numbered years. The court also detailed communication protocols, including twice-weekly telephone or Facetime calls with the Father and daily contact with the Mother when the child is with the Father. Orders were made regarding the administration of medication and the exchange of medical information, with the Mother retaining sole responsibility for medical decisions. Both parents were required to enrol in and complete specific programs, including a Parenting Orders Program and an Anger Management Program for the Father, and a Domestic Violence course for the Mother, with certificates of completion to be provided by a specified date. The court also included orders for the exchange of contact details and prohibitions against denigrating the other parent or discussing court proceedings in the child's presence. The Independent Children's Lawyer was discharged on a specified date.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Mazorski & Albright [2007] FamCA 520
MRR v GR [2010] HCA 4