Edmund and Belkin

Case

[2016] FamCA 371

16 May 2016


Details
AGLC Case Decision Date
Edmund and Belkin [2016] FamCA 371 [2016] FamCA 371 16 May 2016

CaseChat Overview and Summary

This matter concerned an application by Mr Edmund ("the father") and Ms Belkin ("the mother") regarding their child, B, born in 2005. The court was required to determine the arrangements for the child's parental responsibility, daily care, and time spent with each parent.

The central legal issues before the court were how to establish equal shared parental responsibility for major long-term issues, how parents should consult on such decisions, and how to allocate daily care and responsibility for the child's welfare. The court also had to determine the specific arrangements for the child's time with each parent, including during school terms, holidays, and special occasions, as well as mechanisms for information exchange and dispute resolution.

Carew J ordered that the parents have equal shared parental responsibility for major long-term issues, requiring them to consult and make genuine efforts to reach joint decisions. Notwithstanding this, the mother was to be responsible for the child's daily care when the child was with her, and the father when the child was with him. The court made detailed orders regarding the exchange of information, including medical and educational details, and stipulated that parents must speak respectfully and not denigrate each other in the child's presence. The orders established a specific schedule for the child to live with the father and for the mother to spend time with the child, including provisions for alternate weekends, school holidays, and special occasions, with specific arrangements for collection and delivery. A Family Dispute Resolution practitioner was appointed to assist with future disputes.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Baghti & Baghti [2015] FamCAFC 71