Cockyne and Cockyne

Case

[2012] FamCA 449

15 June 2012


Details
AGLC Case Decision Date
Cockyne and Cockyne [2012] FamCA 449 [2012] FamCA 449 15 June 2012

CaseChat Overview and Summary

In *Cockyne and Cockyne*, Justice Austin of the Family Court of Australia considered parenting orders concerning two children. The dispute involved the arrangements for the children's living situation, time spent with each parent, and communication between the children and their parents. The court also addressed orders relating to counselling, denigration, medical emergencies, and educational and extracurricular activities.

The primary legal issues before the court were to determine the most appropriate parenting arrangements for the children, including the allocation of parental responsibility, the children's residence, and the specific time each parent would spend with them. The court was also required to consider orders aimed at fostering positive co-parenting, such as preventing denigration and ensuring communication, as well as addressing the role of the Independent Children's Lawyer and the completion of a post-separation parenting program.

Justice Austin ordered the discharge of all former parenting orders and established equal shared parental responsibility for both children. The children were ordered to live with the mother, with detailed provisions outlining the time they were to spend with the father during school terms, holidays, and specific public holidays. The court also made orders for regular private communication between the children and each parent, and for notification regarding medical emergencies and educational activities. Furthermore, the mother was restrained from causing the youngest child to attend further counselling with a specific therapist, and both parents were restrained from denigrating each other in the children's presence. The parties were also ordered to enrol in and complete a post-separation parenting program, and the Independent Children's Lawyer was discharged upon the completion of certain conditions.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Injunction

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Sayer v Radcliffe [2012] FamCAFC 209
MRR v GR [2010] HCA 4
M v M [1988] HCA 68