BURCHARDT & BURCHARDT
Case
•
[2015] FamCA 297
•23 April 2015
Details
AGLC
Case
Decision Date
BURCHARDT & BURCHARDT [2015] FamCA 297
[2015] FamCA 297
23 April 2015
CaseChat Overview and Summary
This matter concerned an application by the mother for orders regarding parental responsibility, health and medical issues, and the time the children would spend with each parent. The children involved were B (born 2004), C (born 2005), D (born 2007), and E (born 2008). The court was presided over by Faulks DCJ.
The legal issues before the court included determining who should have sole parental responsibility for the children, how health and medical information and expenses should be managed between the parents, and establishing a schedule for the children's time with each parent, including provisions for relocation and holiday periods. The court was also required to consider the practical arrangements for changeovers and travel, as well as the safekeeping of the children's passports.
The court ordered that the mother have sole parental responsibility for the children, with specific provisions allowing the father to obtain school and medical information at his expense. The orders detailed notification requirements for medical conditions and injuries, and established a cost-sharing arrangement for medical expenses, with each parent covering up to $500 in out-of-pocket expenses while the children are in their care, and sharing costs exceeding that amount. The court also made detailed orders regarding the time the children would spend with their father, both before and after the mother's permitted relocation to Queensland from 1 January 2016, including provisions for school holidays, weekends, birthdays, and significant family events.
The final orders stipulated that the mother would have sole parental responsibility for the children. The father was granted specific rights to access information regarding the children's education and health, and a detailed schedule for the children's time with him was established, which would change significantly from 1 January 2016 to accommodate the mother's relocation. The orders also addressed the practicalities of travel, changeovers, and the safekeeping of the children's passports.
The legal issues before the court included determining who should have sole parental responsibility for the children, how health and medical information and expenses should be managed between the parents, and establishing a schedule for the children's time with each parent, including provisions for relocation and holiday periods. The court was also required to consider the practical arrangements for changeovers and travel, as well as the safekeeping of the children's passports.
The court ordered that the mother have sole parental responsibility for the children, with specific provisions allowing the father to obtain school and medical information at his expense. The orders detailed notification requirements for medical conditions and injuries, and established a cost-sharing arrangement for medical expenses, with each parent covering up to $500 in out-of-pocket expenses while the children are in their care, and sharing costs exceeding that amount. The court also made detailed orders regarding the time the children would spend with their father, both before and after the mother's permitted relocation to Queensland from 1 January 2016, including provisions for school holidays, weekends, birthdays, and significant family events.
The final orders stipulated that the mother would have sole parental responsibility for the children. The father was granted specific rights to access information regarding the children's education and health, and a detailed schedule for the children's time with him was established, which would change significantly from 1 January 2016 to accommodate the mother's relocation. The orders also addressed the practicalities of travel, changeovers, and the safekeeping of the children's passports.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Citations
BURCHARDT & BURCHARDT [2015] FamCA 297
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