Frome and Frome (No. 2)

Case

[2010] FamCA 1104

6 December 2010


Details
AGLC Case Decision Date
Frome and Frome (No. 2) [2010] FamCA 1104 [2010] FamCA 1104 6 December 2010

CaseChat Overview and Summary

The case of *Frome and Frome (No. 2)* involved a dispute between the father and mother concerning the parental responsibility and living arrangements for their two children, H and S. The matter came before Justice O'Reilly.

The court was required to determine the terms of parental responsibility, including how the parties should consult and make decisions regarding major long-term issues concerning the children. Additionally, the court needed to establish orders regarding the children's day-to-day care, communication between the parents, attendance at therapy, and specific restraints on contact with certain individuals and organisations. The court also had to consider the children's living arrangements and time spent with each parent, pending further orders.

Justice O'Reilly made detailed orders concerning equal shared parental responsibility, mandating a structured process for joint decision-making on major long-term issues, including written proposals and responses, and referral to a dispute resolution practitioner if agreement could not be reached. The court also ordered the parties and children to attend family therapy with a psychologist, Mr O, for a period of 12 months, with the aim of restoring the child S's relationship with the father and fostering confidence in her safety. Specific orders were made to prevent the children from attending or coming into contact with certain individuals and organisations, and to ensure they use their surname Frome. The court also made interim orders for the children to live with the mother at T, provided she chose to reside there, and to spend time with the father on alternate weekends and other specified occasions, with changeovers designed to minimise contact between the parents. The matter was adjourned for further evidence and argument regarding final parenting orders, specifically concerning whether the children should live with the mother or the father.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Remedies

  • Jurisdiction

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Cases Citing This Decision

2

Wallisham and Wallisham [2011] FamCA 873
Stubbs and Stubbs (No 2) [2011] FamCA 316
Cases Cited

10

Statutory Material Cited

1

Sealey & Archer [2008] FamCAFC 142