Gilham and Gonzales

Case

[2016] FamCA 530

1 July 2016


Details
AGLC Case Decision Date
Gilham and Gonzales [2016] FamCA 530 [2016] FamCA 530 1 July 2016

CaseChat Overview and Summary

In the matter of *Gilham and Gonzales*, Watts J of the Federal Circuit Court of Australia made orders concerning the living arrangements and parental responsibilities for two children, B and C. The dispute concerned the parenting arrangements for the children following the separation of their parents.

The court was required to determine the primary residence of the children, B and C, and to establish a schedule for their time with each parent. Additionally, the court needed to address the parents' engagement with psychological services to facilitate cooperative parenting strategies, particularly concerning the child C, and to ensure the dissemination of relevant professional reports to the children's school counsellor and a designated therapist.

Watts J ordered that child B live with the mother on a fortnightly basis from Friday afternoon to Monday morning, with an option for an additional two nights if agreed by the mother. Child C was ordered to live with the mother on a fortnightly basis from Friday afternoon to Wednesday morning, also with an option for an additional two nights if agreed by the father. The children were to live with the father at all other times during school term. The father was directed to provide a copy of a specific psychological report to C’s school counsellor. Both parents were ordered to engage with E Psychological Services for a further 12 months to develop parenting strategies, with specific instructions for the father to identify his therapist and for the mother to contact that therapist, providing them with the court's reasons for judgment and the aforementioned report. The court requested the therapist develop strategies for the parents to work together in a businesslike manner for the children's benefit, especially for C. The orders also incorporated a Fact Sheet detailing contravention consequences and available assistance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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