FOWLER & FOWLER

Case

[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.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Goode & Goode [2006] FamCA 1346