Edgar and Ingles and Anor

Case

[2015] FamCA 228

1 April 2015


Details
AGLC Case Decision Date
Edgar and Ingles and Anor [2015] FamCA 228 [2015] FamCA 228 1 April 2015

CaseChat Overview and Summary

The case of *Edgar and Ingles* involved a dispute between a mother, a father, and a paternal grandmother concerning the upbringing and time spent with a child. The matter came before Berman J.

The court was required to determine the primary caregiver of the child, the living arrangements for the child, and the specific periods of time the child would spend with the father and the paternal grandmother. Further issues included the arrangements for holidays, birthdays, and the communication and conduct between the parties regarding the child. The court also considered the need for injunctions to prevent denigration and to regulate the child's references to a third party.

Berman J ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The court then detailed extensive provisions for the child to spend time with the paternal grandmother, including alternate weekends, school holiday periods, and specific arrangements for Christmas and the child's birthday. The father was also granted specific time with the child annually and on Father's Day. The court also made orders regarding handovers, notification of illness, attendance at school events, and the provision of school reports. Crucially, injunctions were granted restraining the parties from contacting each other except for child-related matters, from denigrating each other to the child, and requiring the father and paternal grandmother to ensure the child refers to the mother as "Mum" or "Mummy". The parties were also ordered to exchange contact details within seven days.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

AMS v AIF [1999] HCA 26