Bradbury & Lander

Case

[2019] FamCA 21

24 January 2019


Details
AGLC Case Decision Date
Bradbury and Lander & Ors [2019] FamCA 21 [2019] FamCA 21 24 January 2019

CaseChat Overview and Summary

This matter concerned orders made by Gill J in relation to the parental responsibility, living arrangements, and time spent with the child, Y, born in 2013, between the Father and the Mother. The orders addressed the father's sole parental responsibility for the child, including decisions regarding schooling and medical treatment, while also granting the mother access to information from these providers. Specific provisions were made to prevent either parent from speaking negatively about the other in the child's presence and to remove the child from such situations if they arose.

The court was required to determine the specific arrangements for the child's living situation and time spent with each parent. This included establishing the primary residence of the child, the frequency and duration of the child's time with the Mother during term time and school holidays, and the method for parental handovers. The orders also contemplated the possibility of variations to these arrangements by written agreement between the parties.

Gill J ordered that the Father shall have sole parental responsibility for Y, with the liberty to enrol the child in a school of his choosing, subject to notification requirements to the Mother. The child was ordered to live with the Father, with specific provisions for the child to spend time with the Mother during term time and school holidays, including detailed arrangements for the Christmas holiday period. Handovers were to occur at a nominated third party's location or, failing that, at a police station, with the liberty for parties to agree on alternative arrangements in writing. The matter was listed for further mention pending a final hearing or application to the Court.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

SS & AH [2010] FamCAFC 13