Ferry and Ferry
Case
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[2016] FCCA 3511
•4 October 2016
Details
AGLC
Case
Decision Date
Ferry and Ferry [2016] FCCA 3511
[2016] FCCA 3511
4 October 2016
CaseChat Overview and Summary
In *Ferry and Ferry*, heard by Judge Harman, the court considered parenting orders concerning the child, X. The dispute involved the arrangements for X's residence, time with each parent, and communication between the parents and X. The court's primary focus was to establish a parenting regime that best served X's interests following the separation of her parents, Ms Ferry and Mr Ferry.
The legal issues before the court included determining the appropriate parenting orders for X, specifically addressing issues of equal shared parental responsibility, where X would live, and the specific times X would spend with each parent. The court also had to consider provisions for communication between X and her parents, as well as between the parents themselves, and the need for counselling to support X and her parents in navigating the post-separation arrangements. Further issues involved the parents' conduct towards each other and X, and the practical arrangements for X's schooling and medical information.
The court's reasoning led to the discharge of all previous parenting orders and the establishment of new arrangements. It was determined that X would have equal shared parental responsibility with her parents, but would live with her father. Detailed provisions were made for X's time with her mother, including during school terms, holidays, and specific public holidays, with clear guidelines for changeovers. The court also mandated counselling for X and her parents to address conflict and improve communication, and imposed prohibitions on denigration and discussion of proceedings in X's presence. Provisions were also made for X's communication with her parents and siblings, and for the notification of significant health events. The court also authorised both parents to obtain information about X's schooling and to attend school functions.
The court ordered that all previous parenting orders be discharged and established new orders for equal shared parental responsibility, with X living with the father and spending significant time with the mother according to a detailed schedule. The court also ordered counselling for X and the parents, restrained the parents from denigrating each other or discussing proceedings with X, and made specific provisions regarding X's communication, schooling, and health information. The Independent Children's Lawyer was discharged with thanks, and all outstanding applications were dismissed.
The legal issues before the court included determining the appropriate parenting orders for X, specifically addressing issues of equal shared parental responsibility, where X would live, and the specific times X would spend with each parent. The court also had to consider provisions for communication between X and her parents, as well as between the parents themselves, and the need for counselling to support X and her parents in navigating the post-separation arrangements. Further issues involved the parents' conduct towards each other and X, and the practical arrangements for X's schooling and medical information.
The court's reasoning led to the discharge of all previous parenting orders and the establishment of new arrangements. It was determined that X would have equal shared parental responsibility with her parents, but would live with her father. Detailed provisions were made for X's time with her mother, including during school terms, holidays, and specific public holidays, with clear guidelines for changeovers. The court also mandated counselling for X and her parents to address conflict and improve communication, and imposed prohibitions on denigration and discussion of proceedings in X's presence. Provisions were also made for X's communication with her parents and siblings, and for the notification of significant health events. The court also authorised both parents to obtain information about X's schooling and to attend school functions.
The court ordered that all previous parenting orders be discharged and established new orders for equal shared parental responsibility, with X living with the father and spending significant time with the mother according to a detailed schedule. The court also ordered counselling for X and the parents, restrained the parents from denigrating each other or discussing proceedings with X, and made specific provisions regarding X's communication, schooling, and health information. The Independent Children's Lawyer was discharged with thanks, and all outstanding applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
Ferry and Ferry [2016] FCCA 3511
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
Queensland v JL holdings Pty Ltd
[1997] HCA 1
Johns & Jasapas
[2016] FamCA 471
Burton & Churchin & Anor
[2013] FamCAFC 180