Colvan and Colvan
Case
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[2015] FCCA 99
•13 January 2015
Details
AGLC
Case
Decision Date
Colvan and Colvan [2015] FCCA 99
[2015] FCCA 99
13 January 2015
CaseChat Overview and Summary
In the matter of *Colvan and Colvan*, Judge Bender considered parenting orders concerning the children X, Y, and Z. The dispute involved the arrangements for the children's time with their parents, particularly following a period of no contact with the father.
The court was required to determine the appropriate parenting orders, including the allocation of parental responsibility, the children's living arrangements, and the specific times and conditions for the father to spend time with the children. The court also had to consider measures to ensure the children's safety and well-being during and after the transition in parenting arrangements.
Judge Bender discharged all previous parenting orders and made new orders that initially granted the mother sole parental responsibility and stipulated that the children live with her. A period of eight weeks of no contact or communication between the children and the father was ordered, during which the mother could retain the children's mobile phones. Subsequently, a phased-in approach to supervised and then unsupervised time with the father was established, with detailed provisions for school terms, holidays, and specific dates. The court also imposed injunctions restraining both parties from denigrating each other in the children's presence or discussing proceedings with them, and mandated communication regarding the children's health and addresses. Further orders addressed the provision of school documents to the father, the involvement of a therapist and the Independent Children's Lawyer, and the sharing of costs for supervised contact.
The court was required to determine the appropriate parenting orders, including the allocation of parental responsibility, the children's living arrangements, and the specific times and conditions for the father to spend time with the children. The court also had to consider measures to ensure the children's safety and well-being during and after the transition in parenting arrangements.
Judge Bender discharged all previous parenting orders and made new orders that initially granted the mother sole parental responsibility and stipulated that the children live with her. A period of eight weeks of no contact or communication between the children and the father was ordered, during which the mother could retain the children's mobile phones. Subsequently, a phased-in approach to supervised and then unsupervised time with the father was established, with detailed provisions for school terms, holidays, and specific dates. The court also imposed injunctions restraining both parties from denigrating each other in the children's presence or discussing proceedings with them, and mandated communication regarding the children's health and addresses. Further orders addressed the provision of school documents to the father, the involvement of a therapist and the Independent Children's Lawyer, and the sharing of costs for supervised contact.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Costs
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Procedural Fairness
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Remedies
Actions
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Citations
Colvan and Colvan [2015] FCCA 99
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
2
Goode & Goode
[2006] FamCA 1346
Goode & Goode
[2006] FamCA 1346