Francis and Rantaine
Case
•
[2019] FamCA 11
•18 January 2019
Details
AGLC
Case
Decision Date
Francis and Rantaine [2019] FamCA 11
[2019] FamCA 11
18 January 2019
CaseChat Overview and Summary
The case of *Francis and Rantaine* concerned parenting orders for two children, D and E. The dispute involved the arrangements for the children's living arrangements, time spent with each parent, and communication. The matter was heard by Gill J.
The court was required to determine the specific orders regarding equal shared parental responsibility, the children's primary residence, the schedule for time spent with each parent including weekends, school holidays, and special occasions, and provisions for communication, changeovers, and medical and educational information sharing. The court also had to consider orders relating to the parents' conduct, including prohibitions on derogatory remarks and drug use, and a conditional variation of the orders should the Mother relocate.
Gill J made orders reflecting equal shared parental responsibility, with the children to live with the Father. The orders detailed a specific schedule for the children to spend time with the Mother, including alternating weekends during school terms, and a complex arrangement for school holidays that varied between odd and even years. Special occasions, including birthdays and Christmas, were also allocated with specific times and alternating arrangements. The court also made orders regarding communication, changeovers, notification of medical attention, and the sharing of educational information. Crucially, the court included prohibitions on derogatory remarks about the other parent in the children's presence, discussing proceedings with the children, and the use of illicit drugs by either parent while the children are in their care. A further provision stipulated that if the Mother relocated within a 30-minute drive of the children's school, the living arrangements would change to a week-about basis, with special occasion and holiday orders prevailing.
The final orders established a detailed framework for the children's time with each parent, aiming to ensure their welfare and maintain their relationships with both parents, while also setting clear expectations and prohibitions for the parents' conduct.
The court was required to determine the specific orders regarding equal shared parental responsibility, the children's primary residence, the schedule for time spent with each parent including weekends, school holidays, and special occasions, and provisions for communication, changeovers, and medical and educational information sharing. The court also had to consider orders relating to the parents' conduct, including prohibitions on derogatory remarks and drug use, and a conditional variation of the orders should the Mother relocate.
Gill J made orders reflecting equal shared parental responsibility, with the children to live with the Father. The orders detailed a specific schedule for the children to spend time with the Mother, including alternating weekends during school terms, and a complex arrangement for school holidays that varied between odd and even years. Special occasions, including birthdays and Christmas, were also allocated with specific times and alternating arrangements. The court also made orders regarding communication, changeovers, notification of medical attention, and the sharing of educational information. Crucially, the court included prohibitions on derogatory remarks about the other parent in the children's presence, discussing proceedings with the children, and the use of illicit drugs by either parent while the children are in their care. A further provision stipulated that if the Mother relocated within a 30-minute drive of the children's school, the living arrangements would change to a week-about basis, with special occasion and holiday orders prevailing.
The final orders established a detailed framework for the children's time with each parent, aiming to ensure their welfare and maintain their relationships with both parents, while also setting clear expectations and prohibitions for the parents' conduct.
Details
Key Legal Topics
Areas of Law
-
Family Law
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Citations
Francis and Rantaine [2019] FamCA 11
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Taylor & Barker
[2007] FamCA 1246
Bondelmonte v Bondelmonte
[2017] HCA 8
Bondelmonte v Bondelmonte
[2017] HCA 8