Grape and Grape

Case

[2018] FamCA 137

6 February 2018


Details
AGLC Case Decision Date
Grape and Grape [2018] FamCA 137 [2018] FamCA 137 6 February 2018

CaseChat Overview and Summary

In the matter of *Grape and Grape*, Baumann J of the Federal Circuit Court of Australia made orders concerning the parental responsibility and living arrangements for four children. The dispute centred on how the parents would share responsibility for major long-term decisions, the practicalities of communication and information exchange, and the specific arrangements for the children's time with each parent.

The court was required to determine the extent of equal shared parental responsibility, the method by which parents should consult on significant decisions, and the specific orders necessary to facilitate communication and information sharing regarding the children's health and education. Further issues included establishing clear living arrangements, outlining the father's time with the children, and detailing arrangements for special days and telephone contact. The court also considered orders relating to the publication of its reasons and the explanation of its orders to the children.

Baumann J ordered that the parents have equal shared parental responsibility for the children. The court stipulated that major long-term decisions must be made through written consultation via SMS, text, or email, requiring notification, consultation, a genuine effort to agree, and mediation if agreement could not be reached. Orders were made for the ongoing exchange of residential addresses and contact details, and for authorised access to medical and educational information. The court also made specific orders regarding the children living with the mother and spending time with the father, including detailed provisions for school holidays and special days, as well as regular telephone communication. The court further ordered that the Independent Children's Lawyer explain the orders to the children and be discharged thereafter, while restraining the parents from doing so.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Injunction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0