Finch and Shibo (No. 2)

Case

[2014] FamCA 1039

28 October 2014


Details
AGLC Case Decision Date
Finch and Shibo (No. 2) [2014] FamCA 1039 [2014] FamCA 1039 28 October 2014

CaseChat Overview and Summary

This matter concerned parenting orders made by Forrest J. The dispute involved the father and mother of a child, with the court being asked to make orders regarding the child's living arrangements and communication with the father.

The court was required to determine the specific terms of the parenting arrangements, including the father's weekend contact with the child, the procedure for changeovers, and the father's liability for any associated costs. Additionally, the court needed to address provisions for the child's communication with the father, including the use of a mobile phone and the father's right to contact. The court also considered the safekeeping and use of the child's passport.

Forrest J discharged and varied specific paragraphs of a previous parenting order made on 22 November 2011. The court made detailed orders concerning the father's alternate weekend contact, specifying collection and return times and locations, including provisions for school days and non-school days. The father was ordered to bear equally any costs associated with contact centre changes and was made liable for costs of out-of-hours care if he was late for collection. The court also varied orders relating to the child's mobile phone, stipulating when it must be switched on and charged, and the frequency and timing of the father's phone calls. Provisions were made to ensure the privacy of these calls and to facilitate callback if a call was missed. The mother was ordered to retain the child's passport, with specific conditions for its use.

The court further ordered that the matter be listed for mention before a Registrar for further management towards a final hearing, limited to the issues raised in the father's Initiating Application and the mother's Response. All previous orders regarding the father's ability to make applications concerning parenting orders were to remain in force.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Consent

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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