Carne and Feldt

Case

[2013] FCCA 1851

14 November 2013


Details
AGLC Case Decision Date
CARNE & FELDT [2013] FCCA 1851 [2013] FCCA 1851 14 November 2013

CaseChat Overview and Summary

The matter before Judge Brown concerned parenting orders for the child of the relationship, [X], born in 2007. The dispute involved the father, Mr. Feldt, and the mother, Ms. Carne, regarding the child's living arrangements, time spent with each parent, and communication between the parents concerning the child.

The court was required to determine the specific terms of parenting orders, including whether the parties should have equal shared parental responsibility, where the child would live, the schedule for the child spending time with the father, and provisions for the exchange of the child. Additionally, the court needed to address the preparation of a family report to assist in determining the child's best interests, and to make orders regarding communication between the parents, the children's exposure to proceedings, and the sharing of information about the child's health and education.

In its determination, the court made orders for equal shared parental responsibility and that the child live with the mother. The father was granted time with the child on alternate weekends, half of each short school holiday, and specific arrangements for the first half of each end-of-year school holiday period, with provisions for agreed arrangements regarding Christmas and Boxing Day. The court also issued injunctions restraining the parties from discussing the proceedings with the children or denigrating each other in their presence. Further orders mandated that the parties keep each other informed of their contact details, the child's treating medical practitioners, and any significant health issues, and authorised the release of such information. The court also authorised the child's school to provide information about the child's educational progress to each parent and permitted both parents to attend school events. The matter was fixed for final hearing and listed for further directions pending the release of a family report.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Morgan v Miles [2007] FamCA 1230