FINE & EDDINGTON
Case
•
[2013] FCCA 1313
•11 September 2013
Details
AGLC
Case
Decision Date
FINE & EDDINGTON [2013] FCCA 1313
[2013] FCCA 1313
11 September 2013
CaseChat Overview and Summary
This matter concerned an application for parenting orders between the mother and father of X, born in 2008. The court was required to determine the arrangements for the child's care and contact with each parent.
The court was asked to make orders regarding equal shared parental responsibility, the specific times the child would spend with each parent during school terms and school holidays, and provisions for special days such as birthdays and Easter. Further issues included the location of changeovers, communication between parents and the child, notification of emergencies, and arrangements for passports and access to school and professional reports. The court also considered orders relating to interstate and overseas travel, an injunction against denigrating the other parent, and the completion of a parenting program.
The court made orders by consent of the parties. It ordered equal shared parental responsibility for the child. The primary orders established a two-week rotating care schedule during school terms, with the child spending one week with the father and the following week with the mother. Detailed provisions were made for the division of time during school holidays, including specific arrangements for April/May, midyear, Christmas, and September/October holidays, with alternating arrangements in even and odd-numbered years. The court also made specific orders for special days, including Mother's Day, Father's Day, birthdays, and Easter, which were to suspend the general care arrangements. Further orders addressed changeover locations, communication rights, notification of emergencies, passport issuance, and the right of each parent to obtain information regarding the child's education and welfare. An injunction was granted restraining the parents from denigrating each other in the child's presence. Finally, the parties were ordered to undertake and complete a parenting program, with certified copies of completion to be provided to the other parent.
The court was asked to make orders regarding equal shared parental responsibility, the specific times the child would spend with each parent during school terms and school holidays, and provisions for special days such as birthdays and Easter. Further issues included the location of changeovers, communication between parents and the child, notification of emergencies, and arrangements for passports and access to school and professional reports. The court also considered orders relating to interstate and overseas travel, an injunction against denigrating the other parent, and the completion of a parenting program.
The court made orders by consent of the parties. It ordered equal shared parental responsibility for the child. The primary orders established a two-week rotating care schedule during school terms, with the child spending one week with the father and the following week with the mother. Detailed provisions were made for the division of time during school holidays, including specific arrangements for April/May, midyear, Christmas, and September/October holidays, with alternating arrangements in even and odd-numbered years. The court also made specific orders for special days, including Mother's Day, Father's Day, birthdays, and Easter, which were to suspend the general care arrangements. Further orders addressed changeover locations, communication rights, notification of emergencies, passport issuance, and the right of each parent to obtain information regarding the child's education and welfare. An injunction was granted restraining the parents from denigrating each other in the child's presence. Finally, the parties were ordered to undertake and complete a parenting program, with certified copies of completion to be provided to the other parent.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Procedural Fairness
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Consent
Actions
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Citations
FINE & EDDINGTON [2013] FCCA 1313
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
0
Goode & Goode
[2006] FamCA 1346
MRR v GR
[2010] HCA 4
Akston & Boyle
[2010] FamCAFC 56