Carper and Jackman
Case
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[2010] FamCA 1045
•15 November 2010
Details
AGLC
Case
Decision Date
Carper and Jackman [2010] FamCA 1045
[2010] FamCA 1045
15 November 2010
CaseChat Overview and Summary
In the matter of *Carper and Jackman*, heard before Watts J, the father sought an extension of time for spending time with the children during school terms. The mother opposed this application.
The primary legal issue before the court was whether to grant the father's application for an extended period of time with the children during school terms, on a pending further order basis. The court also considered the existing parenting orders and the need for the parties to engage in a post-separation parenting program.
Watts J dismissed the father's application for an extended period of time during school terms. The court ordered that the children spend time with their father from 12 noon on 29 December 2010 to 12 noon on 13 January 2011. Additionally, the mother was granted an extra four days at the end of the January 2011 school holidays, with the discretion to offer this time to the father. The parties' solicitors were directed to identify a suitable post-separation parenting program for the parties to attend and comply with. Finally, Order A made by Cleary J on 28 September 2010 was to continue pending further order.
The primary legal issue before the court was whether to grant the father's application for an extended period of time with the children during school terms, on a pending further order basis. The court also considered the existing parenting orders and the need for the parties to engage in a post-separation parenting program.
Watts J dismissed the father's application for an extended period of time during school terms. The court ordered that the children spend time with their father from 12 noon on 29 December 2010 to 12 noon on 13 January 2011. Additionally, the mother was granted an extra four days at the end of the January 2011 school holidays, with the discretion to offer this time to the father. The parties' solicitors were directed to identify a suitable post-separation parenting program for the parties to attend and comply with. Finally, Order A made by Cleary J on 28 September 2010 was to continue pending further order.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
Carper and Jackman [2010] FamCA 1045
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