FLYNN & BRAY
Case
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[2015] FCCA 156
•28 January 2015
Details
AGLC
Case
Decision Date
Flynn and Bray [2015] FCCA 156
[2015] FCCA 156
28 January 2015
CaseChat Overview and Summary
The case of *Flynn & Bray* concerned parenting orders for two children, X (aged 16) and Y (aged 12). The father sought orders that both children should live with him, while the mother sought sole parental responsibility. Allegations of family violence were also raised. The matter was heard by Judge Scarlett.
The court was required to determine the best interests of the children, particularly in light of the daughter's expressed wish to spend more time with her father. The court also had to consider the impact of family violence allegations on the parenting arrangements and decide on the appropriate allocation of parental responsibility and living arrangements for both children.
Judge Scarlett discharged all earlier parenting orders. The court found that the mother should have sole parental responsibility for the care, welfare, and development of both children in all matters except their religion, for which the parents were to share equal responsibility. The court ordered that child Y live with the mother, with specific provisions for the father to spend time with her, including alternate weekends, half of school holidays, and specific arrangements for birthdays and Christmas. The court also made orders regarding day-to-day matters for child Y when she is with the father, communication between child Y and the father, and the exchange of information regarding the children's health and education. Both parties were restrained from criticising each other in the presence of the children and from using physical chastisement.
The court was required to determine the best interests of the children, particularly in light of the daughter's expressed wish to spend more time with her father. The court also had to consider the impact of family violence allegations on the parenting arrangements and decide on the appropriate allocation of parental responsibility and living arrangements for both children.
Judge Scarlett discharged all earlier parenting orders. The court found that the mother should have sole parental responsibility for the care, welfare, and development of both children in all matters except their religion, for which the parents were to share equal responsibility. The court ordered that child Y live with the mother, with specific provisions for the father to spend time with her, including alternate weekends, half of school holidays, and specific arrangements for birthdays and Christmas. The court also made orders regarding day-to-day matters for child Y when she is with the father, communication between child Y and the father, and the exchange of information regarding the children's health and education. Both parties were restrained from criticising each other in the presence of the children and from using physical chastisement.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Injunction
Actions
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Citations
Flynn and Bray [2015] FCCA 156
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