HAIGH & HAIGH

Case

[2020] FamCA 872

16 October 2020


Details
AGLC Case Decision Date
HAIGH & HAIGH [2020] FamCA 872 [2020] FamCA 872 16 October 2020

CaseChat Overview and Summary

This matter concerned parenting orders for a child born in 2010, with the parties being the child's mother and father. The dispute revolved around the arrangements for the child's living situation and time spent with each parent. The decision was made by Berman J.

The court was required to determine the appropriate orders for equal shared parental responsibility, the child's primary residence, and the specific time each parent would spend with the child. This included establishing detailed schedules for regular time, holidays, and special occasions, as well as addressing practical matters such as handovers, communication regarding the child's health and education, and prohibitions on denigrating the other parent.

Berman J ordered that the parties have equal shared parental responsibility for the child, with the child to live with the father. The court then set out a comprehensive schedule for the child's time with the mother, commencing from October 2020 and progressively evolving through school terms and holidays until 2023. This schedule included provisions for alternate weekends, school holidays, Christmas, and Easter, with specific arrangements for Father's Day and Mother's Day. Further orders addressed the child's primary residence with the maternal grandparents until the end of 2021, the child's primary school education, and mutual liberty for both parents to attend school functions. The court also made orders regarding communication with health practitioners, the involvement of the child in counselling, and injunctions restraining the parties from discussing or showing the child documents from the proceedings or denigrating the other parent.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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