Buckingham and Simm

Case

[2017] FCCA 1077

24 May 2017


Details
AGLC Case Decision Date
Buckingham and Simm [2017] FCCA 1077 [2017] FCCA 1077 24 May 2017

CaseChat Overview and Summary

This matter concerned parenting orders for two children, X and Y, born in 2004 and 2008 respectively. The dispute between the parents, Buckingham and Simm, was brought before Judge Williams.

The court was required to determine the arrangements for the children's living situation, parental responsibility, education, and medical care. Specific issues included the division of time between parents during school terms and holidays, arrangements for birthdays and Christmas, and the children's schooling and psychological support. The court also had to consider communication protocols between the parents and restrictions on their conduct towards each other in the children's presence.

Judge Williams discharged all previous parenting orders and established equal shared parental responsibility. The orders detailed a complex week-about living arrangement during school terms, with specific provisions for school holidays, including Christmas. The court mandated that X attend a particular school for secondary education and Y attend a specific primary and then secondary school. Crucially, the parents were ordered to facilitate counselling and education for the children regarding the mother's psychiatric condition, with costs shared equally. The court also outlined arrangements for the children's general practitioner, communication between parents, exchange of school-related items, and restrictions on denigrating the other parent or discussing proceedings with the children. Furthermore, the court ordered that the children's passports be obtained and lodged with the court. Finally, the father was ordered to pay half of the children's school fees, uniforms, excursions, and textbooks.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

Actions
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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

3

Taylor & Barker [2007] FamCA 1246
Taylor & Barker [2007] FamCA 1246
Cowley & Mendoza [2010] FamCA 597