Exelmans and Sully

Case

[2011] FamCA 3

12 January 2011


Details
AGLC Case Decision Date
Exelmans and Sully [2011] FamCA 3 [2011] FamCA 3 12 January 2011

CaseChat Overview and Summary

In the matter of *Exelmans and Sully*, heard before Bennett J, the court was required to determine parenting orders concerning a child born in February 2004. The proceedings involved the mother and the father, who sought to establish arrangements for the child's residence, time spent with each parent, and parental responsibility.

The central legal issues before the court were the specific terms of the parenting arrangements, including the allocation of joint parental responsibility, the child's primary residence, and the schedule for the child to spend time with each parent. The court also had to consider provisions for communication between parents, notification of changes in residence or employment, and arrangements for holidays and special occasions. Furthermore, the court was tasked with addressing restrictions on changing the child's name, discussing allegations made during the proceedings, and the removal of the child from the State of Victoria.

Bennett J made detailed orders regarding the parenting arrangements. The mother and father were to retain joint parental responsibility, with the child to live with the mother. The father's time with the child was contingent on his residential proximity to the child's school, with different arrangements for alternate weekends or more frequent contact if he lived within a 20-kilometre radius. The orders also stipulated specific times for holidays, including Christmas and school vacations, and for the child's and father's birthdays. The court also imposed restrictions on the parents regarding discussions about the proceedings or allegations of sexual abuse in the child's presence, and required notification for any proposed interstate travel. The court also discharged previous orders and dismissed extant applications, with provisions for costs applications and the explanation of the orders to the child.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Partington v Cade (No.2) [2009] FamCAFC 230
Salli and Malina [2008] FamCA 181
Sully and Exelmans [2008] FamCA 770