Calder and Andrews (No 2)

Case

[2016] FamCA 56

28 January 2016


Details
AGLC Case Decision Date
Calder and Andrews (No 2) [2016] FamCA 56 [2016] FamCA 56 28 January 2016

CaseChat Overview and Summary

In *Calder and Andrews (No 2)*, the proceedings before Cronin J involved a dispute between a husband and wife concerning parenting orders for their three children. The wife had not participated in the final hearing, leading to the court's consideration of her absence and the finalisation of parenting arrangements.

The court was required to determine the appropriate parenting orders in light of the wife's non-participation in the final hearing. This included deciding on the discharge of existing parenting orders, the dismissal of the wife's response, and the allocation of parental responsibility and living arrangements for the children. The court also considered the wife's future involvement with the children, including contact arrangements, and her access to information regarding their schooling and medical care.

Cronin J discharged all extant parenting orders and dismissed the wife's response, granting her liberty to apply to set aside these orders based on an affidavit explaining her non-participation. The husband was granted sole parental responsibility for the children, with the children to live with him. Any contact arrangements between the wife and children were to be by agreement between the parents, with the husband indicating that no contact would be contemplated until the wife met with a Dr F. The wife was restrained by injunction from attending the children's schools, with specific exceptions for concerts, parent-teacher nights, and other participatory activities, provided arrangements were made with the principal and the husband did not disagree. She was also permitted to attend medical practitioners by arrangement to obtain information about the children. The husband was to retain all funds held by Suburb A Legal, which was authorised to release them to him. The Independent Children’s Lawyer was discharged.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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