CROSSMANN & PALMER
Case
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[2015] FCCA 3123
•24 November 2015
Details
AGLC
Case
Decision Date
Crossmann and Palmer [2015] FCCA 3123
[2015] FCCA 3123
24 November 2015
CaseChat Overview and Summary
This matter concerned parenting orders made by Judge Scarlett in the Federal Circuit and Family Court of Australia. The dispute involved the Applicant (Mother) and the Respondent (Father) regarding the care arrangements for their two children, X and Y.
The court was required to determine the specific orders concerning equal shared parental responsibility, the children's living arrangements, and the time each parent would spend with the children. Additionally, the court addressed communication protocols between the parents, changeover procedures, and provisions for drug and alcohol testing for the Father. The orders also stipulated requirements for parents to keep each other informed of matters relating to the children's welfare and education, and to provide contact details.
Judge Scarlett discharged all previous parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the Mother, with specific provisions for the Father's time with them, including mid-week and alternate weekend arrangements, as well as detailed arrangements for special occasions and holidays. The orders also mandated telephone communication between the children and the non-resident parent each evening. Furthermore, the court imposed injunctions restraining both parents from discussing the proceedings with the children, passing messages through them, using physical discipline, making disparaging remarks about the other parent, consuming alcohol to excess or illicit drugs when the children are in their care or for 12 hours prior, and showing the children photographs or videos of the other parent taken after separation. The Father was also ordered to undergo supervised urine analysis for alcohol and illicit drugs upon request by the Independent Children's Lawyer, with results to be provided to the ICL and the Mother's legal representative. Both parents were ordered to attend and complete anger management and domestic violence programs.
The court was required to determine the specific orders concerning equal shared parental responsibility, the children's living arrangements, and the time each parent would spend with the children. Additionally, the court addressed communication protocols between the parents, changeover procedures, and provisions for drug and alcohol testing for the Father. The orders also stipulated requirements for parents to keep each other informed of matters relating to the children's welfare and education, and to provide contact details.
Judge Scarlett discharged all previous parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the Mother, with specific provisions for the Father's time with them, including mid-week and alternate weekend arrangements, as well as detailed arrangements for special occasions and holidays. The orders also mandated telephone communication between the children and the non-resident parent each evening. Furthermore, the court imposed injunctions restraining both parents from discussing the proceedings with the children, passing messages through them, using physical discipline, making disparaging remarks about the other parent, consuming alcohol to excess or illicit drugs when the children are in their care or for 12 hours prior, and showing the children photographs or videos of the other parent taken after separation. The Father was also ordered to undergo supervised urine analysis for alcohol and illicit drugs upon request by the Independent Children's Lawyer, with results to be provided to the ICL and the Mother's legal representative. Both parents were ordered to attend and complete anger management and domestic violence programs.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Procedural Fairness
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Remedies
Actions
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Citations
Crossmann and Palmer [2015] FCCA 3123
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
PALMER & CROSSMANN
[2014] FCCA 2378
Goode & Goode
[2006] FamCA 1346
T & N
[2001] FMCAfam 222