EBDEN & EBDEN
Case
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[2018] FCCA 1383
•1 June 2018
Details
AGLC
Case
Decision Date
EBDEN & EBDEN [2018] FCCA 1383
[2018] FCCA 1383
1 June 2018
CaseChat Overview and Summary
In the matter of *EBDEN & EBDEN*, Harper J considered an application concerning parenting orders for two children, [X] and [Y], born in 2006 and 2007 respectively. The dispute involved the mother and father of the children, with the court tasked with determining the future arrangements for the children's care, time spent with each parent, and parental responsibility.
The court was required to determine the appropriate parenting orders, including the allocation of sole parental responsibility for major long-term issues, the specific arrangements for the children to spend time with the father, and whether the mother should be permitted to relocate the children's place of residence. Further issues included the children's schooling, an injunction sought against the father regarding the care of the children by a third party, and the requirement for both parties to engage in post-separation parenting programs and counselling.
Harper J made orders discharging previous interim orders and granting the mother sole parental responsibility for major long-term issues. The father was granted specific, time-limited periods to spend with the children during school terms and holidays, with detailed provisions for Easter Sunday and school holiday arrangements. The court permitted the mother to relocate the children to a specified region and ordered their enrolment at a particular school. An injunction was imposed restraining the father from leaving the children with Ms J unless he was personally present, with a provision for this order to be varied by agreement from January 2019. Both parties were ordered to attend a post-separation parenting program, and the father was directed to engage in counselling focused on improving his attunement with the children, with leave granted to provide a specific family report to the therapist. Provisions were also made for notification of the children's inability to attend time with the father and for the exchange of contact details.
The court was required to determine the appropriate parenting orders, including the allocation of sole parental responsibility for major long-term issues, the specific arrangements for the children to spend time with the father, and whether the mother should be permitted to relocate the children's place of residence. Further issues included the children's schooling, an injunction sought against the father regarding the care of the children by a third party, and the requirement for both parties to engage in post-separation parenting programs and counselling.
Harper J made orders discharging previous interim orders and granting the mother sole parental responsibility for major long-term issues. The father was granted specific, time-limited periods to spend with the children during school terms and holidays, with detailed provisions for Easter Sunday and school holiday arrangements. The court permitted the mother to relocate the children to a specified region and ordered their enrolment at a particular school. An injunction was imposed restraining the father from leaving the children with Ms J unless he was personally present, with a provision for this order to be varied by agreement from January 2019. Both parties were ordered to attend a post-separation parenting program, and the father was directed to engage in counselling focused on improving his attunement with the children, with leave granted to provide a specific family report to the therapist. Provisions were also made for notification of the children's inability to attend time with the father and for the exchange of contact details.
Details
Key Legal Topics
Areas of Law
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Family Law
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Evidence
Legal Concepts
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Injunction
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Remedies
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Procedural Fairness
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Expert Evidence
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Consent
Actions
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Citations
EBDEN & EBDEN [2018] FCCA 1383
Cases Citing This Decision
0
Cases Cited
24
Statutory Material Cited
3
Goode & Goode
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