Cartwright & Wilson

Case

[2011] FamCA 939

14 December 2011


Details
AGLC Case Decision Date
Cartwright & Wilson [2011] FamCA 939 [2011] FamCA 939 14 December 2011

CaseChat Overview and Summary

In this matter before Collier J, the court considered the parenting arrangements for a child, B, born in 2005, between the child's parents, Ms Cartwright and Mr Wilson. The dispute involved allegations of child sexual abuse, which were not substantiated.

The court was required to determine the extent of equal shared parental responsibility, the specific arrangements for the child to live with and spend time with each parent, and to address issues of family violence and the communication between the parents. The court also had to consider the child's schooling and the parties' conduct towards each other and in the presence of the child.

Collier J discharged previous orders and made new orders establishing equal shared parental responsibility for B. The child was ordered to live with the mother, Ms Cartwright, while detailed provisions were made for the child to spend time with the father, Mr Wilson, including during school terms, school holidays, and on specific occasions such as birthdays and Father's and Mother's Days. The court also made orders regarding communication, school enrolment and fees, and prohibited denigration of either parent in the child's presence. Specific orders were made concerning the mother's therapy and both parents' participation in parenting programs, as well as provisions for the child's contact with the Independent Children's Lawyer. All outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

G & C [2006] FamCA 994
Blair & Blair [2007] FamCA 253
Kennedy and Kennedy [2007] FamCA 1221