Bragesh and Bragesh
Case
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[2019] FamCA 1017
•2 December 2019
Details
AGLC
Case
Decision Date
Bragesh and Bragesh [2019] FamCA 1017
[2019] FamCA 1017
2 December 2019
CaseChat Overview and Summary
This matter concerned the parenting arrangements for two children, X and Y, born in 2013 and 2016 respectively. The proceedings were before Baumann J.
The court was required to determine the orders concerning the children's living arrangements, time spent with each parent, and the responsibilities of each parent in relation to major long-term decisions and daily care. The court also had to consider provisions for communication between the children and the father, parental attendance at school and other events, and the exchange of information regarding the children's welfare. Further issues included parental conduct, restrictions on physical discipline, and specific therapeutic interventions.
Baumann J ordered that the father and mother share equal parental responsibility for all major long-term decisions concerning the children's care, welfare, and development, requiring consultation between them on matters such as health, education, and religion. The mother was assigned responsibility for the children's daily care when they were with her, and the father for their daily care when they were with him. The children were ordered to live with the mother, with specific, detailed provisions for the children to spend time with the father, including supervised time initially and progressively more unsupervised time in different locations. The orders also stipulated communication protocols, parental conduct requirements, and injunctions preventing the removal of the children from Australia.
The final orders established a comprehensive framework for the children's time with each parent, including detailed schedules for school holidays and term time. The court also mandated parental participation in specific parenting courses and therapeutic interventions to support the transition of unsupervised time with the father. An injunction was placed on removing the children from Australia for five years, with a request for their names to be placed on the Family Law Watchlist. Provisions were also made for dispute resolution and the discharge of the Independent Children's Lawyer.
The court was required to determine the orders concerning the children's living arrangements, time spent with each parent, and the responsibilities of each parent in relation to major long-term decisions and daily care. The court also had to consider provisions for communication between the children and the father, parental attendance at school and other events, and the exchange of information regarding the children's welfare. Further issues included parental conduct, restrictions on physical discipline, and specific therapeutic interventions.
Baumann J ordered that the father and mother share equal parental responsibility for all major long-term decisions concerning the children's care, welfare, and development, requiring consultation between them on matters such as health, education, and religion. The mother was assigned responsibility for the children's daily care when they were with her, and the father for their daily care when they were with him. The children were ordered to live with the mother, with specific, detailed provisions for the children to spend time with the father, including supervised time initially and progressively more unsupervised time in different locations. The orders also stipulated communication protocols, parental conduct requirements, and injunctions preventing the removal of the children from Australia.
The final orders established a comprehensive framework for the children's time with each parent, including detailed schedules for school holidays and term time. The court also mandated parental participation in specific parenting courses and therapeutic interventions to support the transition of unsupervised time with the father. An injunction was placed on removing the children from Australia for five years, with a request for their names to be placed on the Family Law Watchlist. Provisions were also made for dispute resolution and the discharge of the Independent Children's Lawyer.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
Bragesh and Bragesh [2019] FamCA 1017
Cases Citing This Decision
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Statutory Material Cited
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