Buckley and Charmers (No. 2)

Case

[2018] FamCA 1106

20 December 2018


Details
AGLC Case Decision Date
Buckley and Charmers (No. 2) [2018] FamCA 1106 [2018] FamCA 1106 20 December 2018

CaseChat Overview and Summary

This matter concerned orders made by Tree J regarding the living arrangements and time spent with the children, X and Y, between their mother and father. The dispute centred on the practical arrangements for the children's care and contact with each parent.

The court was required to determine the specific schedule for the children's time with each parent, including regular fortnightly cycles, holiday arrangements, and provisions for special occasions such as Mother's Day, Father's Day, and the children's birthdays. Additionally, the court needed to establish protocols for communication between the parents, restrictions on alcohol and substance use while the children are in their care, and the sharing of information with relevant professionals.

Tree J ordered that the children live with the mother. The court then detailed a comprehensive schedule for the children to spend time with the father, commencing with a specific fortnightly cycle until 29 January 2019, and then transitioning to a slightly modified fortnightly schedule from 30 January 2019 onwards. Provisions were also made for school holidays, Christmas 2018, and specific times on Mother's Day, Father's Day, and the children's birthdays. The orders also stipulated that the paternal grandmother should conduct changeovers where possible, and that both parents have telephone communication with the children at reasonable times. Further orders addressed the consumption of alcohol and illicit substances, the sharing of information with professionals, and communication between the parents, mandating the use of the Talking Parents Website for non-emergency communication.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

Actions
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Cases Citing This Decision

1

BURNETT & CHARMERS [2019] FamCA 568
Cases Cited

6

Statutory Material Cited

1

Banks & Banks [2015] FamCAFC 36