Conlan and Tomlinson
Case
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[2017] FamCA 895
•31 October 2017
Details
AGLC
Case
Decision Date
Conlan and Tomlinson [2017] FamCA 895
[2017] FamCA 895
31 October 2017
CaseChat Overview and Summary
In the matter of *Conlan and Tomlinson*, Thornton J of the Family Court of Australia considered parenting orders concerning the child X. The dispute involved the parents' arrangements for the child's living arrangements, time spent with each parent, and related matters, including overseas travel and communication. Previous parenting orders, including a Watch List order, were discharged.
The court was required to determine the specific terms of new parenting orders, including the allocation of parental responsibility, the child's living arrangements, and a detailed schedule for the child's time with each parent during school terms, school holidays, and long summer holidays. Further issues included provisions for overseas travel by either parent with the child, arrangements for special days such as birthdays and Christmas, communication protocols between parents and with the child, and the handling of the child's passport. The court also addressed the mother's consultation with a psychologist and the discharge of the Independent Children's Lawyer.
Thornton J made orders by consent and otherwise, establishing equal shared parental responsibility and that the child live with the mother. The orders set out a complex, alternating schedule for the child's time with the father during school terms and holidays, with specific provisions for long summer holidays and overseas travel. These provisions included notice periods, itinerary requirements, and restrictions on travel destinations to signatory countries of The Hague Convention. The court also mandated specific communication arrangements between parents and with the child, and outlined procedures for the child's passport. The mother was ordered to consult a psychologist regarding her anxiety, and the court discharged the Independent Children's Lawyer. Costs were reserved pending written submissions.
The court was required to determine the specific terms of new parenting orders, including the allocation of parental responsibility, the child's living arrangements, and a detailed schedule for the child's time with each parent during school terms, school holidays, and long summer holidays. Further issues included provisions for overseas travel by either parent with the child, arrangements for special days such as birthdays and Christmas, communication protocols between parents and with the child, and the handling of the child's passport. The court also addressed the mother's consultation with a psychologist and the discharge of the Independent Children's Lawyer.
Thornton J made orders by consent and otherwise, establishing equal shared parental responsibility and that the child live with the mother. The orders set out a complex, alternating schedule for the child's time with the father during school terms and holidays, with specific provisions for long summer holidays and overseas travel. These provisions included notice periods, itinerary requirements, and restrictions on travel destinations to signatory countries of The Hague Convention. The court also mandated specific communication arrangements between parents and with the child, and outlined procedures for the child's passport. The mother was ordered to consult a psychologist regarding her anxiety, and the court discharged the Independent Children's Lawyer. Costs were reserved pending written submissions.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Costs
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Procedural Fairness
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Citations
Conlan and Tomlinson [2017] FamCA 895
Most Recent Citation
Conlan and Tomlinson (No 2) [2018] FamCA 889
Cases Cited
2
Statutory Material Cited
2
CONLAN & TOMLINSON
[2014] FCCA 3118
Sayer v Radcliffe
[2012] FamCAFC 209
Sayer v Radcliffe
[2012] FamCAFC 209