DREYER & FUNNELL

Case

[2020] FCCA 107

28 January 2020


Details
AGLC Case Decision Date
Dreyer and Funnell [2020] FCCA 107 [2020] FCCA 107 28 January 2020

CaseChat Overview and Summary

The case of *Dreyer & Funnell* concerned parenting arrangements for a young child, X, born in 2017. The dispute involved the mother and father regarding the time the child would spend with each parent and how major long-term decisions would be made. The matter came before Judge Lapthorn.

The court was required to determine the appropriate parenting orders, considering the child's young age and the need for a graduated increase in time spent with the non-primary carer. Key issues included establishing equal shared parental responsibility for long-term decisions, defining the day-to-day care arrangements, and setting out a detailed schedule for the child's time with each parent, including provisions for special occasions and school holidays. The court also needed to consider mechanisms for reviewing these arrangements as the child grew older.

Judge Lapthorn made orders discharging previous parenting orders and establishing equal shared parental responsibility for major long-term issues, requiring the parents to consult in writing and make a genuine effort to reach joint decisions. The mother was ordered to have the child live with her, while a detailed, phased schedule for the child's time with the father was implemented, commencing with shorter periods and gradually increasing over several years. The orders also included specific provisions for special occasions, school holidays, communication between parents, and the management of extracurricular activities and medical information. A review of the longer-term arrangements was mandated for September 2023, with a pathway to Family Dispute Resolution if agreement could not be reached. The parties were also ordered to participate in a post-separation parenting program.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

3

Godfrey & Sanders [2007] FamCA 102
MRR v GR [2010] HCA 4
Rice & Asplund [1978] FamCA 84