Farleigh and Wills and Ors
Case
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[2011] FamCA 431
•9 June 2011
Details
AGLC
Case
Decision Date
Farleigh and Wills and Ors [2011] FamCA 431
[2011] FamCA 431
9 June 2011
CaseChat Overview and Summary
In the matter of *Farleigh and Wills and Ors*, heard before Cronin J, the dispute concerned parenting orders for the child T, born in January 2007. The proceedings involved the husband and wife, and also addressed the involvement of the paternal grandparents in the child's life.
The court was required to determine the nature of parental responsibility, where the child would live, and the specific arrangements for the child to spend time with each parent and the paternal grandparents. This included considering different arrangements for when the child was not yet attending school and after commencing school, as well as how these arrangements would operate during school holidays and when the husband was rostered to work. The court also had to consider provisions for the wife to take the child to Canada for holidays and the consequences of contravening the orders.
Cronin J ordered that the husband and wife have equal shared parental responsibility for the child. The child was to live with the wife. Specific time arrangements were made for the child to spend time with the husband, varying depending on whether the child was attending school and the husband's work roster. During times the husband was rostered to work, the paternal grandparents were to spend time with the child on alternate weekends. The court also made provisions for the suspension and resumption of these arrangements during school holidays and addressed the circumstances under which the wife could take the child to Canada for holidays, including the possibility of suspending the primary parenting orders if agreement could not be reached on these holiday periods. The court further certified that it was reasonable to engage counsel and that particulars of the obligations, consequences of contravention, and support services were set out in an attached Fact Sheet, which was incorporated into the orders.
The court was required to determine the nature of parental responsibility, where the child would live, and the specific arrangements for the child to spend time with each parent and the paternal grandparents. This included considering different arrangements for when the child was not yet attending school and after commencing school, as well as how these arrangements would operate during school holidays and when the husband was rostered to work. The court also had to consider provisions for the wife to take the child to Canada for holidays and the consequences of contravening the orders.
Cronin J ordered that the husband and wife have equal shared parental responsibility for the child. The child was to live with the wife. Specific time arrangements were made for the child to spend time with the husband, varying depending on whether the child was attending school and the husband's work roster. During times the husband was rostered to work, the paternal grandparents were to spend time with the child on alternate weekends. The court also made provisions for the suspension and resumption of these arrangements during school holidays and addressed the circumstances under which the wife could take the child to Canada for holidays, including the possibility of suspending the primary parenting orders if agreement could not be reached on these holiday periods. The court further certified that it was reasonable to engage counsel and that particulars of the obligations, consequences of contravention, and support services were set out in an attached Fact Sheet, which was incorporated into the orders.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Most Recent Citation
Cahan and Kafka [2019] FCCA 2421
Cases Cited
4
Statutory Material Cited
1
U v U
[2002] HCA 36
Taylor & Barker
[2007] FamCA 1246
AMS v AIF
[1999] HCA 26