Duncan and Duncan
Case
•
[2018] FamCA 18
•19 January 2018
Details
AGLC
Case
Decision Date
Duncan and Duncan [2018] FamCA 18
[2018] FamCA 18
19 January 2018
CaseChat Overview and Summary
The decision in *Duncan and Duncan* concerned parenting arrangements for two children, B and C. The dispute before Thornton J involved the specific terms of the children's living arrangements and time spent with each parent, as well as ongoing therapeutic interventions and financial responsibilities related to those interventions.
The court was required to determine the precise schedule for the children's time with the father, including the duration and timing of these periods during school terms. Further issues included the requirement for both parents to engage in counselling to improve their parenting and communication, the frequency and duration of this counselling, and the apportionment of its costs. The court also had to consider the provision of relevant reports to the counsellor and the qualifications required for any carers employed for the children.
Thornton J ordered that the children live with the mother. A detailed schedule was established for the children to spend time and communicate with the father during school terms, with specific provisions for week 1 and week 2, and an allowance for agreement between the parties. The court mandated ongoing therapeutic counselling for both parents with a Ms D for a further two years, requiring at least one session per month. The financial responsibility for this counselling was divided, with the father initially covering the first five consultations and thereafter two-thirds of the costs, while the mother would meet one-third. Both parents were ordered to provide Ms D with copies of specific family reports and these orders. Additionally, any carer engaged for the children must have successfully completed a 'Working with Children Check', with proof to be provided to the other parent. The father also noted his intention to maintain current bedroom arrangements for the children and to provide separate bedrooms in the future.
The court was required to determine the precise schedule for the children's time with the father, including the duration and timing of these periods during school terms. Further issues included the requirement for both parents to engage in counselling to improve their parenting and communication, the frequency and duration of this counselling, and the apportionment of its costs. The court also had to consider the provision of relevant reports to the counsellor and the qualifications required for any carers employed for the children.
Thornton J ordered that the children live with the mother. A detailed schedule was established for the children to spend time and communicate with the father during school terms, with specific provisions for week 1 and week 2, and an allowance for agreement between the parties. The court mandated ongoing therapeutic counselling for both parents with a Ms D for a further two years, requiring at least one session per month. The financial responsibility for this counselling was divided, with the father initially covering the first five consultations and thereafter two-thirds of the costs, while the mother would meet one-third. Both parents were ordered to provide Ms D with copies of specific family reports and these orders. Additionally, any carer engaged for the children must have successfully completed a 'Working with Children Check', with proof to be provided to the other parent. The father also noted his intention to maintain current bedroom arrangements for the children and to provide separate bedrooms in the future.
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Family Law
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Citations
Duncan and Duncan [2018] FamCA 18
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