EDMONDSON & SABLES

Case

[2015] FCCA 3367

18 December 2015


Details
AGLC Case Decision Date
EDMONDSON & SABLES [2015] FCCA 3367 [2015] FCCA 3367 18 December 2015

CaseChat Overview and Summary

This case involved parenting orders concerning a child named X, born in 2009. The parties, Mr. Edmondson (Father) and Ms. Sables (Mother), sought to resolve disputes regarding their parental responsibilities, the child's residence, and time spent with each parent. The matter was heard by Judge Neville.

The primary legal issues before the court were whether to make an order for equal shared parental responsibility, the specific arrangements for the child's time with each parent during school terms and holidays, the location for changeovers, and whether the Mother should be required to disclose her residential address to the Father. The court also considered the Mother's request for sole parental responsibility concerning medical matters and her application to permanently relocate the child to Canberra.

The court discharged previous parenting orders and made new orders reflecting a balance of the parties' submissions and the evidence presented. It was determined that the parents would have equal shared parental responsibility, with the Mother having sole responsibility for health and medical matters, though she was required to keep the Father informed. The child was ordered to live with the Mother, who was permitted to permanently relocate with X to Canberra. The orders detailed specific arrangements for the child's time with the Father, including weekends, school holidays, and special occasions, aiming to facilitate a positive and predictable relationship while minimising travel. The court also mandated that both parents attend counselling programs and that childcare and school providers share information with both parents.

The court ordered that all previous parenting orders be discharged. The parents were granted equal shared parental responsibility for X, with the Mother having sole responsibility for X's health and medical matters, and X was to live with the Mother. The Mother was permitted to permanently relocate X to Canberra. Detailed provisions were made for X's time with the Father, including during school terms, holidays, and special occasions, and for communication between X and the non-resident parent. The court also included orders regarding overseas travel, passports, changeovers, and the mandatory attendance of both parents at counselling programs.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1

Sables and Edmondson (No.2) [2018] FCCA 1800
Cases Cited

2

Statutory Material Cited

2

Sayer v Radcliffe [2012] FamCAFC 209
SCVG v KLD [2014] HCASL 168