Edlund and Edlund

Case

[2014] FamCA 656

25 July 2014


Details
AGLC Case Decision Date
Edlund and Edlund [2014] FamCA 656 [2014] FamCA 656 25 July 2014

CaseChat Overview and Summary

In the matter of *Edlund and Edlund*, Stevenson J of the Family Court of Australia considered orders concerning the parental responsibility and time arrangements for a child. The dispute involved the parents' arrangements for their child, born in 2011, and the court was tasked with determining the most appropriate orders for the child's welfare.

The court was required to determine the nature of parental responsibility, the specific living arrangements for the child, and the detailed schedule of time the child would spend with each parent. Further issues included the practicalities of changeovers, communication between parents regarding the child's health, restrictions on removing the child from Australia, and provisions for overseas travel. The court also addressed the payment of professional fees and the inclusion of a fact sheet detailing the obligations and consequences of contravening the orders.

Stevenson J ordered that existing orders be discharged and that the parties have equal shared parental responsibility. The child was to live with the mother, with a detailed schedule of time to be spent with the father, which was phased in over time and varied based on the child's age and commencement of formal education. The court also made orders regarding changeovers, prohibiting denigration of either parent, requiring notification of illness or injury, and authorising the sharing of information from educational and health professionals. Significant orders were made to prevent the child's removal from Australia, including placing the child on an airport watch list, with these measures to be discharged on a specified date, subject to certain conditions for overseas travel. The parties were also ordered to share the costs of professional fees.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Dennison & Wang [2010] FamCAFC 182
Sayer v Radcliffe [2012] FamCAFC 209
M v M [1988] HCA 68