BROWN & RILEY

Case

[2012] FamCA 288

7 March 2012


Details
AGLC Case Decision Date
BROWN & RILEY [2012] FamCA 288 [2012] FamCA 288 7 March 2012

CaseChat Overview and Summary

Dessau J made orders concerning the care arrangements for a child named C. The proceedings involved the Husband and the Wife, who had previously been subject to earlier orders regarding C.

The court was required to determine the specific parenting orders for C, including the division of time between the Husband and the Wife, arrangements for school holidays and special occasions, and provisions for C's education and general welfare. The court also considered the role of an Independent Children's Lawyer and the implications of agreed orders that were not supported by the ICL.

The court discharged previous orders and established new arrangements for C's residence with each parent, alternating weekly during school terms and holidays. Specific provisions were made for long summer vacations, with the time split equally and alternating between the parents in even and odd years. The orders also detailed arrangements for C to spend time with each parent on significant days such as birthdays and public holidays, with specific times and changeover locations stipulated. Further orders addressed C's enrolment at H School, financial responsibilities for school fees and associated costs, and the management of C's passport. The court also mandated communication protocols between the parties, including the use of email or text for non-emergency matters, and required mediation in the event of disputes. The court also made orders regarding therapy for C and restrained the parties from discussing the final orders with C until after therapy sessions. Finally, the court dismissed all extant applications and discharged the Independent Children's Lawyer, noting the ICL's non-consent to the agreed orders due to concerns about the Mother's filed material, information regarding a sibling, and the child's expressed views.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0