Green and Knowles

Case

[2009] FamCA 271

15 April 2009


Details
AGLC Case Decision Date
Green and Knowles [2009] FamCA 271 [2009] FamCA 271 15 April 2009

CaseChat Overview and Summary

This matter came before Mushin J in the Family Court of Australia concerning parenting orders for two children, X and Y. The dispute involved the allocation of parental responsibilities and the arrangements for the children's living situation, time spent with each parent, and communication between the parents regarding the children.

The court was required to determine the extent of each parent's responsibility for decision-making concerning the children's education and health, and to establish specific arrangements for the children's residence, time with each parent, and communication. Additionally, the court needed to address specific restrictions on the husband's conduct concerning one of the children and to outline the flow of information between the parents regarding the children's schooling and medical care.

Mushin J made orders that the wife would have sole responsibility for decisions regarding the children's schooling and the health of child X, including the choice of practitioners and treatment. The husband and wife would otherwise jointly share parental responsibility, with the wife to consult the husband on matters within her sole discretion. The children were ordered to live with the wife, and detailed provisions were made for the husband's time with the children, including during school terms and holidays, with specific conditions regarding accommodation and notice. The court also imposed a restraint on the husband from discussing or weighing child X's weight. Further orders stipulated how information regarding the children's schooling, medical treatment, and significant events would be shared between the parents, with a caveat that schools and practitioners retained discretion regarding the provision of information.

The court ordered that the Registry Manager forward certified copies of the reasons for judgment to a paediatrician and a school principal. All other applications were dismissed, and the proceedings were removed from the list of cases awaiting hearing, with liberty reserved to either party to apply for consequential orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Costs

Actions
Download as PDF Download as Word Document


Cases Cited

2

Statutory Material Cited

1

Taylor & Barker [2007] FamCA 1246