HALVILLE & TALMAGE

Case

[2019] FCCA 3621

13 December 2019


Details
AGLC Case Decision Date
Halville and Talmage [2019] FCCA 3621 [2019] FCCA 3621 13 December 2019

CaseChat Overview and Summary

In this matter before Judge Small, the dispute concerned the living arrangements for an 11-year-old child, X, and the associated parenting orders. The mother had a history of frequent residential changes since the child's birth, having lived in over 15 different locations. The court also had to determine the child's secondary school placement.

The primary legal issues before the court were to determine with whom the child should live, and to establish the specific arrangements for the child's time with each parent. Additionally, the court was required to decide on the child's secondary school. The expert opinion presented at trial was not challenged by either party.

Judge Small ordered that all previous parenting orders be discharged and that the parents have equal shared parental responsibility. The child was ordered to live with the father. The court then detailed extensive provisions for the child's time with the mother, including alternate weekends, specific mid-week time, and detailed arrangements for school holidays, Christmas, Easter, birthdays, Mother's Day, and Father's Day, with provisions for agreement between the parties or specific default arrangements. The father was also ordered to ensure the mother received school reports and information, and both parents were permitted to attend school events. The court also made orders regarding communication, the prohibition of denigration of either parent in the child's presence, and the child's attendance at B School for secondary education.
Details

Areas of Law

  • Family Law

  • Evidence

Legal Concepts

  • Expert Evidence

  • Injunction

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

Mazorski & Albright [2007] FamCA 520