FRANKE & LONG

Case

[2011] FamCA 185

18 March 2011


Details
AGLC Case Decision Date
FRANKE & LONG [2011] FamCA 185 [2011] FamCA 185 18 March 2011

CaseChat Overview and Summary

In the matter of *Franke & Long*, Benjamin J considered parenting orders concerning two children, C (born November 2003) and J (born June 2005). The dispute centred on the arrangements for the children's living arrangements and parental responsibility following the breakdown of the parents' relationship.

The court was required to determine whether an equal shared parenting arrangement remained appropriate for the children, and if so, to make specific orders regarding their time with each parent during school terms and school holidays, as well as addressing other aspects of parental responsibility and communication.

Benjamin J determined that an equal shared parenting arrangement was in the best interests of the children and ordered that the parents have equal shared parental responsibility. The court made detailed orders for the children to spend equal time with each parent on an alternate weekly basis during school terms, with specific provisions for changeovers and the commencement of arrangements at the start of each term. The orders also established a detailed schedule for the children's time with each parent during school holidays, including provisions for specific holiday periods, alternate years, and the ability for each parent to elect to have the children for an entire holiday period with prior written notice. Further orders addressed specific days such as birthdays and Father's/Mother's Day, communication protocols, the ability for each parent to attend school and medical appointments, and a prohibition against denigrating the other parent in the children's presence. The court also ordered that the children attend counselling to help them cope with the parental relationship breakdown.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

MRR v GR [2010] HCA 4