Burrill and Lander
Case
•
[2010] FamCA 38
•22 January 2010
Details
AGLC
Case
Decision Date
Burrill and Lander [2010] FamCA 38
[2010] FamCA 38
22 January 2010
CaseChat Overview and Summary
In *Burrill and Lander*, Justice Fowler of the Family Court of Australia made orders concerning the parental responsibility and time arrangements for a child born in August 2004. The dispute centred on how the parents would share responsibility for their child's upbringing and the specific arrangements for the child's time with each parent.
The court was required to determine the extent of equal shared parental responsibility, the allocation of day-to-day decision-making, where the child would live, and the specific responsibilities of each parent regarding the child's education, medical treatment, and contact with the other parent and siblings. The court also had to establish detailed arrangements for the child's time with each parent during school terms and holidays, including provisions for communication and the exchange of the child.
Justice Fowler ordered that the parties have equal shared parental responsibility for the child, with each parent responsible for day-to-day decisions during their respective care periods. The child was to live with the father, who was given sole responsibility for decisions regarding the child's primary school, though the mother retained the right to contact the school for information. The father was also granted sole responsibility for medical and dental treatment decisions, with an obligation to inform the mother and provide her with authority to contact practitioners if requested. The father was directed to foster the child's relationship with the mother and siblings, facilitating telephone and Skype contact, while the mother was to cooperate. Specific time arrangements were set out for the child to spend with the mother, including nominated weekends, extended long weekends, and half of other school holidays, with Christmas Day to be spent with the mother in alternate years. The orders also included provisions for communication, the exchange of the child, and the mother's attendance at a program to improve communication and facilitate contact.
The court was required to determine the extent of equal shared parental responsibility, the allocation of day-to-day decision-making, where the child would live, and the specific responsibilities of each parent regarding the child's education, medical treatment, and contact with the other parent and siblings. The court also had to establish detailed arrangements for the child's time with each parent during school terms and holidays, including provisions for communication and the exchange of the child.
Justice Fowler ordered that the parties have equal shared parental responsibility for the child, with each parent responsible for day-to-day decisions during their respective care periods. The child was to live with the father, who was given sole responsibility for decisions regarding the child's primary school, though the mother retained the right to contact the school for information. The father was also granted sole responsibility for medical and dental treatment decisions, with an obligation to inform the mother and provide her with authority to contact practitioners if requested. The father was directed to foster the child's relationship with the mother and siblings, facilitating telephone and Skype contact, while the mother was to cooperate. Specific time arrangements were set out for the child to spend with the mother, including nominated weekends, extended long weekends, and half of other school holidays, with Christmas Day to be spent with the mother in alternate years. The orders also included provisions for communication, the exchange of the child, and the mother's attendance at a program to improve communication and facilitate contact.
Details
Key Legal Topics
Areas of Law
-
Family Law
Actions
Download as PDF
Download as Word Document
Citations
Burrill and Lander [2010] FamCA 38
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1