CHARLTON & PEARSON (No.2)

Case

[2018] FCCA 2861

5 October 2018


Details
AGLC Case Decision Date
Charlton and Pearson (No.2) [2018] FCCA 2861 [2018] FCCA 2861 5 October 2018

CaseChat Overview and Summary

In *Charlton & Pearson (No.2)*, Judge Brown considered final arrangements for the parenting of a seven-year-old child, [X], born in 2011. The parties, who separated when the child was an infant, had engaged in protracted and high-conflict litigation concerning the child's upbringing. The father sought either equal time or substantial and significant time with the child.

The court was required to determine the presumption of equal shared parental responsibility, the best interests of the child, and the concept of reasonable practicality in the context of the parties' circumstances, including cultural issues. The court also had to consider various matters relevant to the child's welfare and development in making final parenting orders.

Judge Brown applied the principles of the *Family Law Act 1975* (Cth), including the paramount consideration of the child's best interests and the presumption of equal shared parental responsibility. The court reasoned that an order for equal shared parental responsibility was appropriate and reasonably practicable in the circumstances, despite the history of conflict. The court's final orders discharged previous orders and established a detailed regime for the child's living arrangements, time with each parent, school enrollment, communication, and special occasions, with specific provisions for holidays, birthdays, and travel. Injunctions were also granted to prevent denigration of parents and to manage the child's residence and contact with third parties.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

4

Re Hillsea Pty Ltd [2019] NSWSC 1152
Fox v Percy [2003] HCA 22
Russell & Russell & Anor [2009] FamCA 28