CLAYBURN & WARDLEY

Case

[2018] FCCA 3623

17 December 2018


Details
AGLC Case Decision Date
Clayburn and Wardley [2018] FCCA 3623 [2018] FCCA 3623 17 December 2018

CaseChat Overview and Summary

In the matter of *Clayburn & Wardley*, heard by Judge McGuire, the dispute concerned parenting arrangements for a child born in 2013. The proceedings involved the parents, Mr Clayburn and Ms Wardley, and addressed issues of exposure to family violence and the child's views.

The court was required to determine the most appropriate orders for parental responsibility, the child's living arrangements, and the time the child would spend with each parent. Central to these considerations were the implications of family violence and the weight to be given to the child's expressed wishes.

Judge McGuire made orders for equal shared parental responsibility, with the child to live with the mother. The father was granted specific time with the child, including alternate weekends, half of school holiday periods, and special days, with provisions for agreement between the parties. Notably, the father's weekend time was suspended during school holiday periods. The mother was also directed to comply with directions from the Department of Child Safety and her housing provider regarding any co-residents at her property.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Natural Justice

  • Procedural Fairness

  • Remedies

  • Standing

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