FOWLER & FOWLER
Case
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[2015] FCCA 1682
•17 June 2015
Details
AGLC
Case
Decision Date
Fowler and Fowler [2015] FCCA 1682
[2015] FCCA 1682
17 June 2015
CaseChat Overview and Summary
This matter concerned an application before Judge Scarlett concerning the parental responsibility and living arrangements for two children, X and Y. The applicant father and respondent mother sought orders regarding the children's care and welfare.
The court was required to determine the appropriate orders for equal shared parental responsibility, the specific living arrangements for the children during school terms and holidays, and provisions for communication and decision-making regarding the children's day-to-day care, welfare, and development. Further issues included the children's schooling, the parties' engagement with counselling and specific programs, and restrictions on alcohol and drug consumption, physical discipline, and denigration of the other parent.
Judge Scarlett made orders discharging previous arrangements and establishing equal shared parental responsibility for the children. The court detailed a specific schedule for the children to live with each parent during school terms and various holiday periods, including Christmas and birthdays, with provisions for alternating holiday periods. The orders also stipulated that each parent would have sole responsibility for day-to-day decisions concerning the children while they were in their care. Additionally, the court imposed restrictions on the parties' communication with the children when not in their care, mandated continued attendance at the children's current school, required engagement with counselling and a specific program, and prohibited excessive alcohol consumption, illicit drug use, physical discipline, and denigration of the other parent in the children's presence. The application was adjourned for further mention.
The court was required to determine the appropriate orders for equal shared parental responsibility, the specific living arrangements for the children during school terms and holidays, and provisions for communication and decision-making regarding the children's day-to-day care, welfare, and development. Further issues included the children's schooling, the parties' engagement with counselling and specific programs, and restrictions on alcohol and drug consumption, physical discipline, and denigration of the other parent.
Judge Scarlett made orders discharging previous arrangements and establishing equal shared parental responsibility for the children. The court detailed a specific schedule for the children to live with each parent during school terms and various holiday periods, including Christmas and birthdays, with provisions for alternating holiday periods. The orders also stipulated that each parent would have sole responsibility for day-to-day decisions concerning the children while they were in their care. Additionally, the court imposed restrictions on the parties' communication with the children when not in their care, mandated continued attendance at the children's current school, required engagement with counselling and a specific program, and prohibited excessive alcohol consumption, illicit drug use, physical discipline, and denigration of the other parent in the children's presence. The application was adjourned for further mention.
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
Actions
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Citations
Fowler and Fowler [2015] FCCA 1682
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