GLADWIN & GLADWIN (No.2)

Case

[2020] FCCA 2091

31 July 2020


Details
AGLC Case Decision Date
GLADWIN & GLADWIN (No.2) [2020] FCCA 2091 [2020] FCCA 2091 31 July 2020

CaseChat Overview and Summary

In the matter of *Gladwin & Gladwin (No.2)*, Judge Newbrun of the Family Court of Australia considered parenting orders concerning a child born in 2017. The dispute involved the arrangements for the child's living arrangements, time spent with each parent, and communication and decision-making protocols.

The court was required to determine the specific orders necessary to ensure the child's best interests were met, particularly in relation to parental responsibility, the child's residence, and the allocation of time with each parent. This included establishing a phased approach to the father's time with the child, considering the child's age and development, as well as outlining provisions for school holidays, special occasions, and communication between the parents. The court also needed to address practical matters such as changeover locations, communication methods for urgent and non-urgent issues, and the exchange of personal contact details.

Judge Newbrun applied the paramount consideration of the child's best interests in crafting the parenting orders. The court established equal shared parental responsibility, with the child to live with the mother. A detailed schedule was set out for the child's time with the father, commencing with supervised time and gradually increasing to unsupervised overnight stays and alternate week arrangements as the child grew older. The orders also included specific provisions for communication, including FaceTime, and detailed protocols for medical care, school attendance, and dispute resolution through mediation. The court also made orders regarding the costs of the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Consent

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Lansa & Clovelly [2010] FamCA 80
U v U [2002] HCA 36