Bond and Pearcy

Case

[2010] FamCA 1021

22 September 2010


Details
AGLC Case Decision Date
Bond and Pearcy [2010] FamCA 1021 [2010] FamCA 1021 22 September 2010

CaseChat Overview and Summary

In a decision by Justice Ryan, the court considered parenting orders concerning a child, M, born in July 2004. The proceedings involved the discharge of previous parenting orders made on 6 March 2006 and 30 January 2008, and the establishment of new arrangements for the child's residence and time with each parent.

The central legal issues before the court were to determine the primary residence of the child and to establish a detailed schedule for the child's time with the father, including provisions for school terms, school holidays, birthdays, public holidays, and telephone contact between the child and each parent. The court was also required to consider the implications of contravention of the new orders under the *Family Law Act 1975*.

Justice Ryan ordered that the child shall live with the mother and set out an extensive schedule for the child's time with the father. This schedule included alternate weekend contact, mid-week overnight stays, extended weekend time from Term 1 2011, specific arrangements for school holidays, and provisions for birthdays and public holidays. The court also mandated regular telephone contact between the child and each parent. Furthermore, the orders incorporated a Fact Sheet detailing the obligations created, potential consequences of contravention, and resources for assistance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*. All outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

McShane and Tanner (No.2) [2011] FMCAfam 508