Davis and Davis

Case

[2012] FamCA 360

2 May 2012


Details
AGLC Case Decision Date
Davis and Davis [2012] FamCA 360 [2012] FamCA 360 2 May 2012

CaseChat Overview and Summary

In the matter of *Davis and Davis*, the parties involved were the Father and the Mother, with Justice Bennett presiding. The dispute concerned parenting arrangements for their two children, M and C. The court was tasked with determining the orders to be made regarding the children's living arrangements, time spent with each parent, and other related matters.

The court was required to determine the specific terms of parenting orders, including the allocation of parental responsibility, the children's residence, and the schedule for time spent with each parent. Additionally, the court needed to address restrictions on the Father's exposure of the children to certain practices and a prohibition on striking the children as a means of punishment. The continuation of family therapy and the role of the Independent Children's Lawyer were also matters for the court's consideration.

By consent of the parties, Justice Bennett made a series of orders discharging previous parenting orders and establishing new arrangements. The Father and Mother were granted equal shared parental responsibility. M and C were to live with the Mother, with M's time with the Father to be in accordance with M's wishes. C was to spend substantial and significant time with the Father, with a detailed schedule outlined, including a two-week block in each five-week cycle and half of each school term and long vacation holidays. The parties were enjoined from exposing the children to specific esoteric practices and from striking the children as a means of punishment. The court also ordered the continuation of family therapy and discharged the Independent Children's Lawyer. The particulars of the obligations and consequences of contravening these orders were set out in an annexure. All other extant applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

  • Remedies

  • Procedural Fairness

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