GURNAY & WATSON
Case
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[2013] FamCA 1091
•17 December 2013
Details
AGLC
Case
Decision Date
GURNAY & WATSON [2013] FamCA 1091
[2013] FamCA 1091
17 December 2013
CaseChat Overview and Summary
This matter concerned parenting orders for a child, J Watson, born in 2009. The dispute involved the mother and the father regarding the child's living arrangements and time spent with each parent. The decision was made by Johns J.
The court was required to determine the terms of new parenting orders, including whether the parties should have equal shared parental responsibility, where the child would live, and the specific arrangements for the child's time with each parent. Additionally, the court considered conditions to be attached to the father's time with the child, the continuation of therapeutic counselling, and communication protocols between the parents. The court also addressed the role of the paternal grandmother and a contact centre in facilitating changeovers, and the discharge of the Independent Children's Lawyer.
Johns J discharged all previous parenting orders and made new orders for equal shared parental responsibility, with the child to live with the mother. The father was granted specific, phased-in time with the child, with detailed provisions for weekdays, weekends, holidays, and special occasions. Crucially, certain aspects of the father's time were made conditional on the substantial attendance of the paternal grandmother, Ms G, and specific arrangements were put in place for changeovers involving Ms G and a contact centre. The court also mandated continued family and therapeutic counselling, requiring the parents to follow the psychologist's directions and focus on improving communication and the child's relationship with both parents. Provisions were made for a communication book and for the father to receive school-related information. The mother was restrained from discussing certain allegations in the child's presence. The court also noted the parties' agreement to share costs for expert attendance and counselling, and to endeavour to agree on holiday arrangements.
The court was required to determine the terms of new parenting orders, including whether the parties should have equal shared parental responsibility, where the child would live, and the specific arrangements for the child's time with each parent. Additionally, the court considered conditions to be attached to the father's time with the child, the continuation of therapeutic counselling, and communication protocols between the parents. The court also addressed the role of the paternal grandmother and a contact centre in facilitating changeovers, and the discharge of the Independent Children's Lawyer.
Johns J discharged all previous parenting orders and made new orders for equal shared parental responsibility, with the child to live with the mother. The father was granted specific, phased-in time with the child, with detailed provisions for weekdays, weekends, holidays, and special occasions. Crucially, certain aspects of the father's time were made conditional on the substantial attendance of the paternal grandmother, Ms G, and specific arrangements were put in place for changeovers involving Ms G and a contact centre. The court also mandated continued family and therapeutic counselling, requiring the parents to follow the psychologist's directions and focus on improving communication and the child's relationship with both parents. Provisions were made for a communication book and for the father to receive school-related information. The mother was restrained from discussing certain allegations in the child's presence. The court also noted the parties' agreement to share costs for expert attendance and counselling, and to endeavour to agree on holiday arrangements.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Procedural Fairness
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Costs
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Remedies
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Citations
GURNAY & WATSON [2013] FamCA 1091
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