BOURKE & BOURKE

Case

[2015] FCCA 224

10 February 2015


Details
AGLC Case Decision Date
Bourke and Bourke [2015] FCCA 224 [2015] FCCA 224 10 February 2015

CaseChat Overview and Summary

This matter concerned an application by the Father for orders regarding the parental responsibility, living arrangements, and time spent with the parties' two children, [X] and [Y]. The dispute centred on the allocation of decision-making power for major long-term issues and the specific arrangements for the children's time with each parent.

The court was required to determine who should have sole parental responsibility for major long-term decisions concerning the children, and what the specific arrangements for the children's living situation and time with each parent should be. This included considering the mother's time with the children, particularly in light of a proposed suspension of contact, and the detailed allocation of time during school holidays and on special occasions. The court also had to address provisions for communication between the parents and children, and orders restraining certain behaviours and disclosures.

Judge Lapthorn ordered that the Father have sole parental responsibility for major long-term decisions, subject to a requirement to consult with the Mother in writing before making such decisions and to consider her response. Each parent was granted sole parental responsibility for day-to-day decisions concerning the children whilst they were in their respective care. The children were ordered to live with the Father. The Mother's time with the children was suspended for four weeks, after which specific, detailed arrangements for her time were set out, including provisions for weekends, school holidays, and special occasions. The orders also included provisions for communication, a prohibition on denigrating the other parent, and a requirement to attend family dispute resolution for any future disputes.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

3

Godfrey & Sanders [2007] FamCA 102
MRR v GR [2010] HCA 4
M v M [1988] HCA 68