Buckner and Deal

Case

[2019] FCCA 1353

15 April 2019


Details
AGLC Case Decision Date
Buckner and Deal [2019] FCCA 1353 [2019] FCCA 1353 15 April 2019

CaseChat Overview and Summary

This matter concerned parenting orders for a child born in 2012, with the proceedings brought before Judge Betts. The dispute revolved around the arrangements for the child's residence, time spent with each parent, communication between parents and the child, and various other aspects of parental responsibility and interaction.

The court was required to determine the specific terms of the parenting orders, including where the child would live, the schedule for the child spending time with the father, and the parameters for communication between the parents and the child. Additionally, the court needed to address provisions regarding the parents' conduct towards each other in the child's presence, the sharing of information about the child's health and education, and the requirement for parents to attend a "Parenting After Separation" course. The court also directed the preparation of a Family Report to assist in its determination of the child's best interests, considering factors under sections 60CC and 65DAA of the *Family Law Act 1975*.

Judge Betts made detailed orders regarding the child's living arrangements, stipulating that the child would live with the mother and outlining a specific schedule for the child to spend time with the father, including alternate weekends and defined periods during school holidays. The orders also established communication protocols, including telephone contact times and the use of email and text for non-urgent and urgent matters, respectively, with an emphasis on civil and child-focused communication. Furthermore, the court imposed restrictions on denigrating the other parent in the child's presence and mandated that each parent keep the other informed of their contact details. The court also ordered the parties and the child to attend an assessment for a Family Report, specifying the matters the family consultant was to consider, and set a date for the release of this report.

The court adjourned the matter for hearing directions and reserved costs.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

C v S [1998] FamCA 66
Pawley and Pawley (No 2) [2017] FamCAFC 136
Godfrey & Sanders [2007] FamCA 102