FISK & BRASS

Case

[2013] FCCA 1602

14 October 2013


Details
AGLC Case Decision Date
FISK & BRASS [2013] FCCA 1602 [2013] FCCA 1602 14 October 2013

CaseChat Overview and Summary

In the matter of FISK & BRASS, Judge Coker made orders concerning the parental responsibility and time arrangements for two children, X and Y. The dispute centred on how the parents would share responsibility for the children's upbringing and the specific arrangements for the children's living arrangements and time spent with each parent.

The court was required to determine the extent of equal shared parental responsibility for major long-term issues, how parents should consult on such decisions, and the specific arrangements for the children's daily care, welfare, and development. Further, the court needed to establish detailed time arrangements for the children with each parent, considering whether the parents lived in the same locality or not, including provisions for school holidays, special occasions, and communication. The court also had to address the process for future dispute resolution and the discharge of previous orders and parenting plans.

Judge Coker ordered the discharge of all previous orders and parenting plans. The parents were granted equal shared parental responsibility for major long-term issues, with specific requirements for consultation and genuine effort to reach joint decisions. The orders detailed how each parent would be responsible for the children's daily care when the children were with them. Significant detail was provided regarding the children's living arrangements and time spent with each parent, differentiating between scenarios where parents lived in the same or different localities, and outlining specific schedules for school terms, gazetted school holidays, and special occasions. The court also mandated communication protocols, including telephone and Skype contact, and established a framework for future mediation and dispute resolution, requiring parties to attempt mediation before applying to court for variations.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Taylor & Barker [2007] FamCA 1246