Cann and Chappel (No.2)

Case

[2018] FCCA 2367

31 August 2018


Details
AGLC Case Decision Date
Cann and Chappel (No.2) [2018] FCCA 2367 [2018] FCCA 2367 31 August 2018

CaseChat Overview and Summary

In this matter before Judge Newbrun, the court was asked to determine parenting orders concerning the child [X]. The dispute involved the mother and father of [X], born in 2010, regarding the arrangements for their child's care and time spent with each parent.

The court was required to determine the specific terms of parental responsibility, including where the child would primarily reside, and the detailed schedule for the child's time with each parent during school terms, school holidays, and specific public holidays such as Easter and Christmas. Further issues included arrangements for birthdays, medical emergencies, passport applications, and holiday travel, as well as communication protocols and expectations regarding parental conduct in the child's presence.

Judge Newbrun discharged all previous parenting orders and established equal shared parental responsibility for [X]. The court ordered that [X] would live with the mother, with a detailed schedule outlining the child's time with the father during school terms, including every second weekend and additional mid-week time. Specific arrangements were also set for school holidays, including Christmas and Easter, with varying provisions for different years. The orders also addressed special days such as Mother's Day, Father's Day, and the parents' and child's birthdays, along with protocols for medical emergencies, passport applications, holiday travel, and communication between the parents. The court also mandated that neither parent denigrate the other in the child's presence and ordered the mother to sign forms relating to the father's name on the child's birth certificate within 14 days, failing which a Registrar was appointed to sign on her behalf.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Remedies

  • Costs

  • Procedural Fairness

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