Bradley and Cooper (No. 2)
Case
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[2008] FamCA 522
•14 May 2008
Details
AGLC
Case
Decision Date
Bradley and Cooper (No. 2) [2008] FamCA 522
[2008] FamCA 522
14 May 2008
CaseChat Overview and Summary
In *Bradley and Cooper (No. 2)*, Brown J of the Family Court of Australia considered parenting orders concerning two children, K and E. The dispute involved the arrangements for the children's living situations and time spent with each parent.
The court was required to determine the specific terms of parenting orders, including the allocation of parental responsibility, the children's primary residence, and the father's time with the children. Additionally, the court needed to address provisions for holidays, birthdays, communication between parents and children, and restrictions on denigration of a parent. The court also considered the role of the independent children's lawyer and the attendance of legal representatives.
Brown J discharged all existing parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the mother, with detailed provisions for the father's time with them, including alternate weekends, half of school holidays, specific arrangements for Christmas and birthdays, and reasonable telephone communication. The court also imposed prohibitions against denigration of either parent and restricted the removal of the children from Victoria without consent. Further orders addressed school attendance, the provision of school reports, and the location of changeovers. The court noted that the father was obligated to return the children at the specified times and places, and that reliance on a child's wishes would not be a defence to a breach of these orders.
The court was required to determine the specific terms of parenting orders, including the allocation of parental responsibility, the children's primary residence, and the father's time with the children. Additionally, the court needed to address provisions for holidays, birthdays, communication between parents and children, and restrictions on denigration of a parent. The court also considered the role of the independent children's lawyer and the attendance of legal representatives.
Brown J discharged all existing parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the mother, with detailed provisions for the father's time with them, including alternate weekends, half of school holidays, specific arrangements for Christmas and birthdays, and reasonable telephone communication. The court also imposed prohibitions against denigration of either parent and restricted the removal of the children from Victoria without consent. Further orders addressed school attendance, the provision of school reports, and the location of changeovers. The court noted that the father was obligated to return the children at the specified times and places, and that reliance on a child's wishes would not be a defence to a breach of these orders.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Breach
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