Delahunty and French
Case
•
[2013] FamCA 873
•6 November 2013
Details
AGLC
Case
Decision Date
Delahunty and French [2013] FamCA 873
[2013] FamCA 873
6 November 2013
CaseChat Overview and Summary
In the matter of Delahunty and French, Cronin J made orders concerning the parenting arrangements for the child T, following the separation of the husband, Mr Delahunty, and the wife, Ms French. The dispute centred on the living arrangements for the child, holiday schedules, and the allocation of decision-making responsibilities regarding the child's welfare and daily activities.
The court was required to determine the specific living arrangements for the child T on a fortnightly cycle, including the commencement and cessation of these arrangements in relation to school terms. Further issues included the division of school holidays, including Christmas, and the allocation of responsibility for major long-term issues concerning the child's health and education. The court also had to address the wife's responsibility for school costs and the parents' respective rights to attend school functions, as well as communication protocols between the parents and with the child.
Cronin J ordered a 14-day cycle for the child T to live with each parent, commencing on 11 November 2013. Specific provisions were made for school terms and long summer holidays, including a week-about arrangement for the latter. The court allocated responsibility for major long-term issues to the parent with whom the child was residing, with exceptions for health and education, and granted the wife sole responsibility for the choice of school, subject to financial implications. The orders also stipulated that the parent with whom the child was residing at the time of school functions had the right to decide the child's attendance. Injunctions were imposed to prevent relatives from attending sporting events or participating in school activities without the other parent's written permission. Communication between the parents was restricted, with specific protocols for health matters and a general prohibition on communication with the child when not in their care, unless organised by the child. The court also made orders for the wife to attend counselling.
The court was required to determine the specific living arrangements for the child T on a fortnightly cycle, including the commencement and cessation of these arrangements in relation to school terms. Further issues included the division of school holidays, including Christmas, and the allocation of responsibility for major long-term issues concerning the child's health and education. The court also had to address the wife's responsibility for school costs and the parents' respective rights to attend school functions, as well as communication protocols between the parents and with the child.
Cronin J ordered a 14-day cycle for the child T to live with each parent, commencing on 11 November 2013. Specific provisions were made for school terms and long summer holidays, including a week-about arrangement for the latter. The court allocated responsibility for major long-term issues to the parent with whom the child was residing, with exceptions for health and education, and granted the wife sole responsibility for the choice of school, subject to financial implications. The orders also stipulated that the parent with whom the child was residing at the time of school functions had the right to decide the child's attendance. Injunctions were imposed to prevent relatives from attending sporting events or participating in school activities without the other parent's written permission. Communication between the parents was restricted, with specific protocols for health matters and a general prohibition on communication with the child when not in their care, unless organised by the child. The court also made orders for the wife to attend counselling.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Natural Justice
-
Procedural Fairness
-
Injunction
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
Delahunty and French [2013] FamCA 873
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1