FOOTE & WICKS (No.2)

Case

[2018] FCCA 3993

9 August 2018


Details
AGLC Case Decision Date
Foote and Wicks (No.2) [2018] FCCA 3993 [2018] FCCA 3993 9 August 2018

CaseChat Overview and Summary

This matter came before Judge Obradovic for a final undefended hearing concerning parenting orders for the child [X]. The proceedings involved the applicant, the respondent mother, and the Independent Children’s Lawyer (ICL). The final orders were made by consent between the respondent and the ICL.

The court was required to determine the parenting arrangements for the child, including issues of parental responsibility, the child's living arrangements, and the time the child would spend with each parent. The court also considered provisions relating to communication, restrictions on parental conduct, educational and medical arrangements for the child, notification of travel, and the encouragement of relationships with extended families.

Judge Obradovic made orders in accordance with the Terms of Settlement agreed upon by the respondent and the ICL. These orders discharged previous parenting orders and established equal shared parental responsibility for long-term issues. The child was ordered to live with the mother, with specific provisions for the child's time with the father during school terms, school holidays, and around Christmas. The orders also included detailed stipulations regarding changeovers, communication, prohibitions against denigration and discussing proceedings with the child, restrictions on substance use in the child's presence, and the importance of the child's education and engagement with various service providers. A Fact Sheet detailing the obligations and consequences of contravention was incorporated into the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Procedural Fairness

  • Remedies

  • Jurisdiction

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