CALLUM & LECHIARA

Case

[2019] FamCA 257

24 April 2019


Details
AGLC Case Decision Date
CALLUM & LECHIARA [2019] FamCA 257 [2019] FamCA 257 24 April 2019

CaseChat Overview and Summary

This matter concerned Callum and Lechiara, who were parties to proceedings regarding their child, B. The dispute centred on arrangements for B's living arrangements, time with each parent, and parental responsibility. Stevenson J presided over the proceedings and made orders concerning these matters.

The court was required to determine the appropriate orders for parental responsibility, including how decisions regarding B's schooling and medical treatment would be made. Further, the court needed to establish a living arrangement for B and set out a detailed schedule for B's time with each parent, including specific provisions for weekends, school holidays, and significant dates. The court also had to consider conditions relating to the presence of a paternal grandmother during the father's time with B, and restrictions concerning a third party, Mr F, in relation to B's overnight stays with the father.

Stevenson J ordered that existing orders concerning B be discharged. The parties were granted equal shared parental responsibility, with a requirement to consult in writing regarding changes to B's school or medical treatment at least 42 days in advance, and to attend mediation if agreement could not be reached. Each parent was given sole responsibility for day-to-day decisions when B was in their care. B was ordered to live with the mother, and a comprehensive schedule for B's time with the father was established, which evolved over time. Specific conditions were imposed regarding the paternal grandmother's presence during the father's time and ensuring Mr F did not sleep at the father's residence when B had overnight stays. Further orders addressed communication protocols between the parents, information sharing regarding B's health and education, and mutual restraining orders preventing proximity and non-essential contact. The court also mandated continued engagement with B's psychologist.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Sayer v Radcliffe [2012] FamCAFC 209
M v M [1988] HCA 68