Erkens and Salvi
Case
•
[2018] FCCA 2087
•19 July 2018
Details
AGLC
Case
Decision Date
Erkens and Salvi [2018] FCCA 2087
[2018] FCCA 2087
19 July 2018
CaseChat Overview and Summary
The matter of Erkens and Salvi concerned parenting orders for three children, [X], [Y], and [Z], born in 2006, 2002, and 2010 respectively. The proceedings were before Judge Harland.
The court was required to determine the specific arrangements for parental responsibility, living arrangements, and time spent between the father and the children. Key issues included the extent of the mother's sole parental responsibility, the children's primary residence, the father's access arrangements, and the communication protocols between the parents regarding the children's welfare and activities. The court also had to consider orders relating to the father's conduct during his time with the children and the provision of information between the parties.
In making its orders, the court established that the mother would have sole parental responsibility for the children, with the children living with her. The father was granted specific time with the children, with arrangements for older child [Y] to be guided by her wishes. The court also imposed conditions on the father's time, including that it not take place at his residence unless agreed in writing, and that he refrain from consuming illicit substances 48 hours prior to and during his time with the children. Orders were also made for liberal communication between the parents and the children, and for the father to be kept informed of significant medical and educational decisions, as well as school and extracurricular activities.
The court ordered that the mother have sole parental responsibility for the children, and that the children live with her. The father was to spend time with the children on alternate Sundays and at other agreed times, with specific provisions for communication and information sharing between the parents. The Independent Children's Lawyer was to explain these orders to the children and then be discharged.
The court was required to determine the specific arrangements for parental responsibility, living arrangements, and time spent between the father and the children. Key issues included the extent of the mother's sole parental responsibility, the children's primary residence, the father's access arrangements, and the communication protocols between the parents regarding the children's welfare and activities. The court also had to consider orders relating to the father's conduct during his time with the children and the provision of information between the parties.
In making its orders, the court established that the mother would have sole parental responsibility for the children, with the children living with her. The father was granted specific time with the children, with arrangements for older child [Y] to be guided by her wishes. The court also imposed conditions on the father's time, including that it not take place at his residence unless agreed in writing, and that he refrain from consuming illicit substances 48 hours prior to and during his time with the children. Orders were also made for liberal communication between the parents and the children, and for the father to be kept informed of significant medical and educational decisions, as well as school and extracurricular activities.
The court ordered that the mother have sole parental responsibility for the children, and that the children live with her. The father was to spend time with the children on alternate Sundays and at other agreed times, with specific provisions for communication and information sharing between the parents. The Independent Children's Lawyer was to explain these orders to the children and then be discharged.
Details
Key Legal Topics
Areas of Law
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Family Law
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Citations
Erkens and Salvi [2018] FCCA 2087
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