Frangoulis and Xennon (No 2)
Case
•
[2019] FamCA 997
•20 December 2019
Details
AGLC
Case
Decision Date
Frangoulis and Xennon (No 2) [2019] FamCA 997
[2019] FamCA 997
20 December 2019
CaseChat Overview and Summary
This matter concerned orders made by Berman J regarding the parental responsibility and time arrangements for three children, X, Y, and Z, and their parents, Frangoulis and Xennon. The dispute revolved around the arrangements for the children's living situation, time spent with each parent, and the father's engagement with psychological counselling.
The court was required to determine the appropriate orders for sole parental responsibility, the children's residence, and the specific arrangements for the children to spend time with both parents. Additionally, the court needed to establish conditions for the father's engagement with psychological therapy and outline communication protocols between the parents regarding the children's welfare and any medical emergencies. The court also considered the need for injunctions to prevent denigration of either parent.
Berman J ordered that the mother have sole parental responsibility for the children, with the proviso that she must consult the father in writing regarding long-term issues and communicate her views and intended decisions. The children were ordered to live with the mother. Specific, phased arrangements were set out for the father to spend time with the children, with a gradual increase in unsupervised time over a period of months, and detailed provisions for school holidays and Christmas. The father was also ordered to attend psychological counselling with Dr F for a specified period, focusing on anger management and relationship rebuilding, and to provide confirmation of attendance to the mother. The orders also included provisions for notification of medical emergencies, the exchange of school information, and an injunction restraining both parents from denigrating each other to or in the presence of the children or on social media.
The court was required to determine the appropriate orders for sole parental responsibility, the children's residence, and the specific arrangements for the children to spend time with both parents. Additionally, the court needed to establish conditions for the father's engagement with psychological therapy and outline communication protocols between the parents regarding the children's welfare and any medical emergencies. The court also considered the need for injunctions to prevent denigration of either parent.
Berman J ordered that the mother have sole parental responsibility for the children, with the proviso that she must consult the father in writing regarding long-term issues and communicate her views and intended decisions. The children were ordered to live with the mother. Specific, phased arrangements were set out for the father to spend time with the children, with a gradual increase in unsupervised time over a period of months, and detailed provisions for school holidays and Christmas. The father was also ordered to attend psychological counselling with Dr F for a specified period, focusing on anger management and relationship rebuilding, and to provide confirmation of attendance to the mother. The orders also included provisions for notification of medical emergencies, the exchange of school information, and an injunction restraining both parents from denigrating each other to or in the presence of the children or on social media.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Injunction
-
Remedies
-
Costs
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
1
M v M
[1988] HCA 68
Harridge & Harridge
[2010] FamCA 445
Pascoe & O'Keefe and Ors
[2018] FamCAFC 243