Davis and Calvert

Case

[2011] FamCA 497

30 June 2011


Details
AGLC Case Decision Date
Davis and Calvert [2011] FamCA 497 [2011] FamCA 497 30 June 2011

CaseChat Overview and Summary

In the matter of *Davis and Calvert*, heard by Cleary J, the dispute concerned parenting arrangements for two children, B and J. The mother sought orders regarding the children's residence, time spent with the father, and other related welfare matters.

The court was required to determine the primary residence of the children, the specific arrangements for the children to spend time with the father, and whether the mother should be permitted to move one of the children to a different school. Additionally, the court considered provisions for communication between parents and children, the exchange of information regarding the children's education and health, and orders restraining disparaging remarks about either parent in the children's presence.

Cleary J discharged all prior parenting orders and made new orders reflecting the court's determination of the children's best interests. The mother was granted sole parental responsibility and the children were ordered to live with her. Specific, detailed provisions were made for the children to spend time with the father, including during school terms, school holidays, and on specific public holidays and Father's Day. The court also ordered that the mother be permitted to enrol J at a new school and included provisions for telephone contact, the sharing of educational and medical information, and a restraint on parents making critical remarks about each other in the children's hearing. The court noted that B's time with his father could be varied after he turned 16, and that the orders did not prevent either parent from attending school or extra-curricular activities.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

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