Gilbert and Little
Case
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[2015] FamCA 1098
•25 November 2015
Details
AGLC
Case
Decision Date
Gilbert and Little [2015] FamCA 1098
[2015] FamCA 1098
25 November 2015
CaseChat Overview and Summary
In the matter of *Gilbert and Little*, Benjamin J considered parenting orders concerning two children, B and C. The dispute involved the father seeking sole parental responsibility and the children to live with him, alongside orders permitting a relocation to Queensland. The mother's involvement and communication with the children were also central to the proceedings.
The court was required to determine the best interests of the children in relation to their living arrangements, parental responsibility, and the extent of the mother's involvement. Key issues included whether to discharge previous parenting orders, grant the father sole parental responsibility with specific communication and information-sharing obligations for the mother, and permit the father to relocate with the children. The court also had to consider the children's views and the mother's ability to spend time with them, including communication methods and supervised contact.
Benjamin J made orders discharging all previous parenting orders. The children were ordered to live with the father, who was granted sole parental responsibility, subject to specific conditions regarding the provision of school reports, notification of significant medical issues, and information about medical treatment. The mother was restrained from attending the children's school without consent. The father was permitted to relocate with the children to South East Queensland after the last school term of 2015. The orders provided for the mother to spend time with C as agreed, taking into account C's views, and for B to spend time with the mother if B expressed a wish to do so, with the father to facilitate such time, including supervised time. The mother was granted limited telephone communication with C and the ability to communicate via letter, cards, and gifts. The parties were to share equally the costs of any Child Contact Service used for supervised time.
The court was required to determine the best interests of the children in relation to their living arrangements, parental responsibility, and the extent of the mother's involvement. Key issues included whether to discharge previous parenting orders, grant the father sole parental responsibility with specific communication and information-sharing obligations for the mother, and permit the father to relocate with the children. The court also had to consider the children's views and the mother's ability to spend time with them, including communication methods and supervised contact.
Benjamin J made orders discharging all previous parenting orders. The children were ordered to live with the father, who was granted sole parental responsibility, subject to specific conditions regarding the provision of school reports, notification of significant medical issues, and information about medical treatment. The mother was restrained from attending the children's school without consent. The father was permitted to relocate with the children to South East Queensland after the last school term of 2015. The orders provided for the mother to spend time with C as agreed, taking into account C's views, and for B to spend time with the mother if B expressed a wish to do so, with the father to facilitate such time, including supervised time. The mother was granted limited telephone communication with C and the ability to communicate via letter, cards, and gifts. The parties were to share equally the costs of any Child Contact Service used for supervised time.
Details
Key Legal Topics
Areas of Law
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Family Law
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Jurisdiction
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Citations
Gilbert and Little [2015] FamCA 1098
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