Childers and Childers (No.2)
Case
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[2016] FCCA 1562
•17 June 2016
Details
AGLC
Case
Decision Date
Childers and Childers (No.2) [2016] FCCA 1562
[2016] FCCA 1562
17 June 2016
CaseChat Overview and Summary
In the matter of *Childers and Childers (No.2)*, Judge Scarlett of the Family Court of Australia considered parenting orders concerning the child X. The dispute involved the father and mother, who sought to establish new arrangements for their child's care and time spent with each parent.
The court was required to determine the appropriate orders for equal shared parental responsibility, the living arrangements for X, and the specific times X would spend with each parent, including during school holidays and on significant dates such as birthdays and public holidays. The court also had to address practical matters such as changeovers, communication between parents, and the provision of clothing and medical care for X. Furthermore, the court considered injunctions to prevent parental denigration and restrictions on attending each other's time with X.
Judge Scarlett discharged all previous parenting orders and made new orders reflecting equal shared parental responsibility. The court established a fortnightly living arrangement for X, alternating between the mother and father. Specific provisions were made for Christmas and Boxing Day, as well as for each parent's birthday and Father's Day/Mother's Day. The orders also detailed arrangements for school holidays, including a specific provision for the December/January period. The court further stipulated that changeovers would generally occur at X's school or the maternal grandparents' home, with a specific exception for changeovers in Queensland. Injunctions were imposed to prevent the parties from abusing or criticising each other in X's presence.
The court ordered that each party pay Legal Aid New South Wales the costs of the Independent Children's Lawyer in the sum of $6,116.00 each, no later than six months from the date of the orders.
The court was required to determine the appropriate orders for equal shared parental responsibility, the living arrangements for X, and the specific times X would spend with each parent, including during school holidays and on significant dates such as birthdays and public holidays. The court also had to address practical matters such as changeovers, communication between parents, and the provision of clothing and medical care for X. Furthermore, the court considered injunctions to prevent parental denigration and restrictions on attending each other's time with X.
Judge Scarlett discharged all previous parenting orders and made new orders reflecting equal shared parental responsibility. The court established a fortnightly living arrangement for X, alternating between the mother and father. Specific provisions were made for Christmas and Boxing Day, as well as for each parent's birthday and Father's Day/Mother's Day. The orders also detailed arrangements for school holidays, including a specific provision for the December/January period. The court further stipulated that changeovers would generally occur at X's school or the maternal grandparents' home, with a specific exception for changeovers in Queensland. Injunctions were imposed to prevent the parties from abusing or criticising each other in X's presence.
The court ordered that each party pay Legal Aid New South Wales the costs of the Independent Children's Lawyer in the sum of $6,116.00 each, no later than six months from the date of the orders.
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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Injunction
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Costs
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Childers and Childers
[2014] FCCA 2905
Mazorski & Albright
[2007] FamCA 520