Bowers and Bowers

Case

[2017] FamCA 627

22 August 2017


Details
AGLC Case Decision Date
Bowers and Bowers [2017] FamCA 627 [2017] FamCA 627 22 August 2017

CaseChat Overview and Summary

The case of *Bowers and Bowers* concerned parenting orders for three children, B, C, and D. The dispute involved the arrangements for the children's living arrangements, time spent with each parent, and related matters such as schooling and communication. The decision was made by McClelland.

The court was required to determine the specific terms of parental responsibility, including whether it should be equal shared responsibility. It also needed to establish the primary residence of the children, the detailed schedule for the children's time with the father, and provisions for school enrolment and communication between parents and children. Further issues included arrangements for changeovers, notification of residential address changes, and the apportionment of costs for the Independent Children's Lawyer.

The court ordered that the mother and father have equal shared parental responsibility for the children. The children were to live with the mother, with a detailed schedule outlining the time they would spend with the father, which was to progressively increase over several years. The orders also stipulated that the children remain enrolled at a specific school, with provisions for the youngest child's enrolment. Both parents were ordered to keep each other informed of residential and contact details and were to facilitate communication with the children. The court also made specific orders regarding the notification of medical emergencies and the sharing of school reports and other school-related information.

Finally, the court ordered that each parent pay an equal amount towards the costs of the Independent Children's Lawyer. Certain periods of the children's time with the father were suspended, specifically around Mother's Day and Christmas, with specific alternating years outlined for the Christmas suspension. Parents were granted liberty to communicate with the children by telephone at all reasonable times.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

2

JUDD & JUDD [2017] FamCA 785
Trenton & Rasmussen [2022] FedCFamC2F 1254
Cases Cited

1

Statutory Material Cited

0

Gahen & Gahen (No 2) [2013] FamCA 936