Elkins and Debney

Case

[2018] FCCA 2266

24 August 2018


Details
AGLC Case Decision Date
Elkins and Debney [2018] FCCA 2266 [2018] FCCA 2266 24 August 2018

CaseChat Overview and Summary

This matter concerned parenting orders for a child, [X], born in 2014, between the Mother and the Father. The proceedings were before Judge Burchardt.

The court was required to determine the future living arrangements for [X], including the allocation of parental responsibility, the time [X] would spend with each parent, and specific conditions to be imposed on the parents to ensure [X]'s welfare. The court also had to consider the need for the parents to address issues identified in various psychological and departmental reports.

Judge Burchardt ordered the discharge of all previous parenting orders and established equal shared responsibility for [X] between the Mother and Father. [X] was to live with the Mother, who was also to reside with the Maternal Grandmother, Ms T. The court detailed an extensive schedule for [X] to spend time and communicate with the Father, including specific arrangements for weekends, school holidays, birthdays, and Christmas. Further orders mandated that both parents attend intensive counselling and a parenting program, with the Father also required to complete a men's behaviour change and anger management program. The court also imposed significant restrictions on both parents, prohibiting them from exposing [X] to family violence, parental conflict, denigrating the other parent, discussing proceedings in [X]'s presence, photographing [X] for evidence, posting information about [X] on social media, or consuming illicit drugs or excessive alcohol when [X] was in their care. The Independent Children's Lawyer was discharged, and all extant applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346