Dibbs and Coleman

Case

[2014] FCCA 2477

7 November 2014


Details
AGLC Case Decision Date
Dibbs and Coleman [2014] FCCA 2477 [2014] FCCA 2477 7 November 2014

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge Coker in relation to two children, X and Y. The dispute involved the allocation of parental responsibility, living arrangements, and time spent with each parent. The orders detailed specific arrangements for day-to-day care, long-term decision-making, and time with each parent during school terms, school holidays, and special occasions.

The court was required to determine the specific terms of parenting orders that would best serve the long-term care, welfare, and development of the children. This included defining the extent of sole parental responsibility for long-term decisions, establishing the children's primary residence, and outlining a detailed schedule for the children's time with each parent, including provisions for communication, school holidays, birthdays, and other special occasions. The court also needed to address the exchange of information between parents regarding the children's health and education, and establish a framework for dispute resolution.

Judge Coker made orders granting the Mother sole parental responsibility for long-term decisions concerning the children's care, welfare, and development, subject to consultation with the Father. The children were ordered to live with the Mother, with specific provisions for the Father's time with the children, including alternate weekends, weekday time based on the Father's roster, and shared time during school holidays. The orders also stipulated communication protocols, information exchange requirements, and a prohibition on physical discipline. A detailed dispute resolution process was established, requiring parties to engage a Family Dispute Resolution Practitioner before applying to vary the orders, unless emergent circumstances applied.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

10

Statutory Material Cited

0

Jones v Dunkel [1959] HCA 8
Luxton v Vines [1952] HCA 19