Galbraith and Anor and Wells

Case

[2016] FCCA 1066

6 May 2016


Details
AGLC Case Decision Date
Galbraith and Anor and Wells [2016] FCCA 1066 [2016] FCCA 1066 6 May 2016

CaseChat Overview and Summary

In *Galbraith and Anor v Wells*, heard by Judge Wilson, the dispute concerned parenting arrangements for two children. The applicants, Ms Galbraith and Mr Galbraith, sought orders regarding the children's living arrangements and time spent with the respondent, Mr Wells, who is the children's father.

The court was required to determine the specific orders concerning equal shared parental responsibility, the children's primary residence, and the nature and extent of the time the children would spend with the father. This included establishing a detailed schedule for face-to-face contact, telephone communication, and arrangements for significant periods such as Christmas. The court also needed to address ancillary matters including communication protocols, notification of health issues, provision of medical information, change of address and contact details, and restrictions on derogatory statements. Further issues included the father's ability to obtain passports for the children and the parties' rights to access school information and attend school functions.

Judge Wilson ordered that all previous orders be discharged. The court made orders for equal shared parental responsibility, with the children to live with the applicants. A detailed schedule was set for the children to spend time and communicate with the father, including alternate weekends, specific mid-week telephone contact, and Christmas arrangements. The orders also stipulated changeover locations, communication rights for the applicants when the children are with the father, and immediate notification of health issues. Provisions were made for parties to keep each other informed of medical practitioners' details and contact information, and to be able to obtain medical information. The parties were restrained from making derogatory statements in the presence of the children, and the father was restrained from obtaining passports for the children without court order or consent. Both parties were granted rights to contact the children's schools and attend school functions. Finally, the father was ordered to attend, complete, and pay for a post-separation parenting program.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Costs

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