Claringbold and James

Case

[2010] FamCA 451

28 April 2010


Details
AGLC Case Decision Date
Claringbold and James [2010] FamCA 451 [2010] FamCA 451 28 April 2010

CaseChat Overview and Summary

This matter concerned orders made by Justice Bennett in relation to the parenting arrangements for a child, A, born in December 1998. The dispute involved the father and mother of the child, with the court making orders concerning the child's time with each parent, communication, and other related matters.

The court was required to determine the specific arrangements for the child's time with the mother, including during school terms and holidays. Further issues included the location for changeovers, restrictions on overnight guests at the mother's residence when the child was present, and the use of mobile telephones. The court also addressed the provision of medical information regarding the child's ankle treatment and the continuation of existing telephone communication protocols between the child and each parent.

Justice Bennett made detailed orders regarding the child's time with the mother, specifying alternate weekends during school terms and a period during the June/July school holidays. The orders also stipulated the changeover point at W railway station and set times for these transitions, taking into account train availability. A significant order restrained the mother from allowing any adult other than a blood relation to stay overnight at her residence when the child was with her during school terms. The court also directed the father to provide written notification of the child's ankle treatment outcome by a specified date and clarified existing telephone communication arrangements. The mother was further directed to obtain homework details from the child's school for the child to undertake during her time with the mother.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Procedural Fairness

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