COOLEN & COOLEN (No.2)

Case

[2019] FCCA 2411

24 September 2019


Details
AGLC Case Decision Date
COOLEN & COOLEN (No.2) [2019] FCCA 2411 [2019] FCCA 2411 24 September 2019

CaseChat Overview and Summary

In the matter of COOLEN & COOLEN (No.2), Judge Newbrun of the Family Court of Australia made orders concerning the parenting arrangements for a child, X. The dispute centred on the best interests of X, born in 2018, and involved the parents' responsibilities and the child's living arrangements and time spent with each parent.

The court was required to determine the specific orders regarding X's parental responsibility, primary place of residence, and the detailed schedule for X to spend time with each parent. This included establishing conditions for the mother's relocation, outlining specific time arrangements for the father, and addressing holiday periods, birthdays, and other significant dates. The court also considered provisions for communication, international travel, and ancillary matters such as educational activities and health.

The court ordered that the parents share equal parental responsibility for X. X was to live with the mother, who was directed to establish X's primary residence within the Sydney Metropolitan area, specifically within a 30km driving distance of Suburb K, NSW, within 56 days. Until this relocation, existing arrangements were to continue. The orders then detailed a comprehensive schedule for X's time with the father, progressively increasing the duration and complexity as X aged, and also outlined X's time with the mother, particularly during school holidays. Further orders addressed communication protocols, international travel conditions, and the sharing of costs for X's passport. Ancillary orders included mandatory parenting programs, notification of address changes, respectful communication, and the use of a communication app. The court also made orders regarding the costs of the independent children's lawyer.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

8

Statutory Material Cited

2

Knight & Knight [2016] FamCA 1085
MRR v GR [2010] HCA 4
Morgan v Miles [2007] FamCA 1230