Dickson and Dickson

Case

[2018] FamCA 193

23 March 2018


Details
AGLC Case Decision Date
Dickson and Dickson [2018] FamCA 193 [2018] FamCA 193 23 March 2018

CaseChat Overview and Summary

This matter concerned parenting orders made by Benjamin J in relation to the child B. The proceedings involved the mother, Ms Dickson, and the father, Mr Dickson, and addressed disputes regarding the child's residence, time with each parent, and parental responsibility.

The court was required to determine the extent of equal shared parental responsibility, the child's primary residence, and the specific arrangements for the child's time with each parent, including detailed schedules for weekdays, weekends, school holidays, and special occasions. Further issues before the court included provisions for communication between parents and the child, parental involvement in the child's education and medical care, restrictions on denigrating the other parent, and the facilitation of family therapy. The court also addressed overseas travel arrangements, passport management, and the payment of costs associated with the Independent Children's Lawyer.

Benjamin J ordered that the previous parenting orders be discharged and that the mother and father have equal shared parental responsibility for the child. The child was ordered to live with the mother, with extensive and detailed provisions outlining the father's time with the child, which progressively increased over time and included specific arrangements for school terms and holidays. The court also mandated participation in family therapy, established communication protocols, and set out detailed rules for overseas travel and passport custody. The parties were restrained from denigrating each other in the child's presence and from discussing the proceedings with the child.

By consent, the mother and father were ordered to each pay a sum to the Legal Aid Commission of NSW for the costs of the Independent Children's Lawyer. All outstanding parenting issues, except as to costs, were dismissed. Remaining costs applications between the parents were to be made in accordance with the Family Law Rules 2004 (Cth).
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

1

M v M [1988] HCA 68
Amador & Amador [2009] FamCAFC 196
Briginshaw v Briginshaw [1938] HCA 36