Field and Story

Case

[2018] FamCA 1066

14 December 2018


Details
AGLC Case Decision Date
Field and Story [2018] FamCA 1066 [2018] FamCA 1066 14 December 2018

CaseChat Overview and Summary

This matter concerned parenting orders made by Baumann J in relation to the child, X, born in 2013. The proceedings involved the parents of X, whose specific names are not provided in the text. The dispute centred on the arrangements for the child's care, welfare, and development, as well as specific orders concerning frozen embryos.

The court was required to determine the extent of parental responsibility for long-term decisions regarding the child's care, welfare, and development, and to establish a detailed schedule for the child's time with each parent, including provisions for school terms, school holidays, and special occasions. Further issues included the facilitation of communication between the child and the non-resident parent, arrangements for changeovers, and the exchange of personal and emergency information. The court also addressed the parents' obligations regarding the child's presence during discussions of proceedings and the denigration of either parent, and made orders concerning the mother's engagement with her treating psychiatrist and general medical practitioner, including the provision of reports to the father. Finally, the court considered the disposition of frozen embryos held in storage.

Baumann J discharged previous parenting orders and made new orders by consent. The court established equal shared parental responsibility for long-term decisions concerning the child, with each parent responsible for day-to-day care decisions when the child is with them. A comprehensive schedule for the child's time with each parent was set out, commencing from 19 December 2018 and continuing through school terms and holidays, with specific arrangements for Christmas. The orders also included provisions for the child to communicate with the non-resident parent, designated a location for changeovers, and mandated the exchange of contact and emergency information. Crucially, the court ordered the mother to irrevocably authorise her treating psychiatrist and psychologist to provide six-monthly reports to the father on her treatment and functioning, and to attend regular mental health reviews with her general practitioner, providing evidence of attendance to the father. The court also ordered the mother to transfer all rights and interests in frozen embryos to the father, who would then be solely responsible for all associated costs. The Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Consent

  • Costs

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Cases Citing This Decision

1

Leena & Leena [2024] FedCFamC1F 135
Cases Cited

1

Statutory Material Cited

1

Hort & Verran [2009] FamCAFC 214