CLIFF & KAHMANN

Case

[2018] FamCA 717

31 August 2018


Details
AGLC Case Decision Date
CLIFF & KAHMANN [2018] FamCA 717 [2018] FamCA 717 31 August 2018

CaseChat Overview and Summary

This matter came before Gill J concerning parenting orders for a child, X, born in 2011. The dispute involved the parents' arrangements for the child's living situation, parental responsibility, and time spent with each parent.

The court was required to determine the primary residence of the child, the allocation of parental responsibility, and the specific schedule for the child's time with each parent. Additionally, the court considered orders relating to communication between parents and the child, the parents' conduct in the child's presence, and provisions for the child's health and education. The court also addressed allegations of sexual abuse and the involvement of an Independent Children's Lawyer.

Gill J discharged all previous parenting orders and made new orders. The child was ordered to live with the Mother, and both parents were granted equal shared parental responsibility. A phased schedule for the child's time with the Father was established, gradually increasing over several months to include every second weekend and half of school holidays. The court also made orders restraining the Mother from discussing certain allegations with the child and both parents from denigrating each other in the child's hearing. Provisions were made for communication, notification of illness, access to information regarding the child's health and education, and attendance at the child's activities. The Independent Children's Lawyer was discharged, and their application for costs was refused.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

4

Sampson & Hartnett (No 10) [2007] FamCA 1365
Henley and Upton [2007] FamCA 136