BROMLEY & LOGAN

Case

[2015] FCCA 473

14 May 2015


Details
AGLC Case Decision Date
Bromley and Logan [2015] FCCA 473 [2015] FCCA 473 14 May 2015

CaseChat Overview and Summary

In the matter of Bromley & Logan, heard by Judge Altobelli, the dispute concerned parenting arrangements for the Child X. The court was required to determine orders regarding the child's residence, time spent with each parent, communication, and the responsibilities of each parent in relation to the child's welfare and development.

The court was tasked with establishing a framework for shared parental responsibility, specifying how the child would live and spend time with each parent, including during school holidays and special occasions. Further issues included provisions for communication between the child and each parent, parental involvement in school and extracurricular activities, and the exchange of information regarding the child's health and education. The court also addressed restrictions on derogatory comments made to or in the presence of the child, and the prohibition of discussing parenting matters with the child. Finally, the court considered a restraint on the Mother relocating in a manner that would impede the practical implementation of the orders.

Judge Altobelli made orders by consent, establishing equal shared parental responsibility for the Child X. The child was ordered to live with the Mother, with the Father to spend time with the child on alternate weekends and during specific school holiday periods, with detailed provisions for changeovers and additional time on Father's Day and the child's birthday. The Father's time was suspended during the Term 3 school holidays, with the child spending that period with the Mother, and specific arrangements were made for Christmas Eve and Christmas Day. The orders also included provisions for liberal telephone communication, the provision of a mobile phone, and the facilitation of makeup time for any negotiated extra time. Both parents were entitled to attend all events involving the child, and were required to keep each other informed of medical issues and school communications. Crucially, both parties were restrained from making derogatory comments about the other or their family to or in the presence of the child, and from discussing parenting matters with the child. By consent, the Mother was restrained from relocating in a way that would make the orders impractical or unreasonably arduous.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

MRR v GR [2010] HCA 4