Devopoulos and Devopoulos (No 2)

Case

[2011] FamCA 710

2 September 2011


Details
AGLC Case Decision Date
Devopoulos and Devopoulos (No 2) [2011] FamCA 710 [2011] FamCA 710 2 September 2011

CaseChat Overview and Summary

This matter came before Watts J concerning the welfare and upbringing of three children: Z, P, and B. The dispute involved the parents' responsibilities and arrangements for each child, particularly regarding Z's mental health treatment and the parental responsibilities for P and B. The court was required to make orders concerning Z's attendance at medical appointments, the provision of information between parents and professionals, and the allocation of parental responsibility. Additionally, orders were made regarding the living arrangements and time spent with each parent for P and B, as well as specific provisions for holidays and special occasions.

The court's reasoning focused on ensuring Z received appropriate mental health assessment and treatment, with specific directions for the father to facilitate attendance at appointments and adherence to medical advice. Orders were made for the Independent Children's Lawyer to provide relevant reports to mental health services and for both parents to cooperate with any recommended family intervention. In the event public health services were unavailable, the father was directed to arrange private psychiatric assessment and treatment for Z, with costs to be shared equally. The court also addressed the communication and information sharing between the parents regarding Z's treatment, including restrictions on publishing medical report contents.

Further orders clarified parental responsibility for P and B, with the mother having sole responsibility for them and the father having sole responsibility for Z. The court established notification requirements for major decisions concerning each child and granted the father access to information about P and B's schooling. Specific time arrangements were detailed for P with both parents, including provisions for school terms, holidays, and special days. The court also made orders regarding the payment of costs for the Independent Children's Lawyer and a medical expert, and Justice Watts disqualified himself from hearing the property dispute between the parties.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

  • Jurisdiction

  • Standing

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