Bowden and Bowden (No 2)

Case

[2012] FamCA 1084

21 December 2012


Details
AGLC Case Decision Date
Bowden and Bowden (No 2) [2012] FamCA 1084 [2012] FamCA 1084 21 December 2012

CaseChat Overview and Summary

This matter concerned parenting orders made by Macmillan J in the Federal Circuit and Family Court of Australia. The dispute involved the mother and father regarding the care arrangements for their three children, L, Y, and G.

The court was required to determine the specific living arrangements for each child between the parents, including detailed schedules for school terms and holidays. Additionally, the court needed to address parental responsibility for significant decisions, communication protocols between the parents and children, and provisions for special occasions such as birthdays and holidays. The court also considered orders relating to the children's education, health, travel, and the parents' conduct towards each other and in relation to the children.

Macmillan J discharged all previous parenting orders and established new arrangements. The mother was granted sole parental responsibility for major decisions concerning schooling, religion, and health, with a requirement to inform the father in writing within seven days of such decisions. The children were primarily to live with the mother, with specific, detailed provisions for the father to spend time with each child, varying according to their ages and developmental stages. These provisions included alternating weeks, specific days, and extended periods during school holidays. The court also made orders regarding communication between the father and children, travel, the exchange of information from schools and medical providers, and the parents' conduct, including a prohibition on denigrating each other. The court also ordered the parents to engage with child protection services to address the impact of adult conflict on the children.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

M v M [1988] HCA 68