Hardie & Capris

Case

[2010] FamCA 1046

23 November 2010


Details
AGLC Case Decision Date
Hardie & Capris [2010] FamCA 1046 [2010] FamCA 1046 23 November 2010

CaseChat Overview and Summary

This matter concerned orders made by Murphy J regarding the parenting of a child, E, born in March 2002. The dispute involved the father and mother of the child, and the court was required to determine the living arrangements for E, parental responsibility for long-term decisions, and the specific times E would spend with each parent. The court also addressed provisions for communication between E and each parent, as well as arrangements for flights, special occasions, and medical and counselling needs.

The court was required to determine the primary residence of the child, the allocation of parental responsibility for major long-term issues, and the detailed schedule for E's time with each parent. Further issues included the method and cost of travel arrangements between parents, the child's liberty to communicate with each parent and extended families, and the procedure for informing each parent of significant events concerning the child's health or education. The court also had to consider the equal sharing of costs for counselling and medical treatment.

Murphy J ordered that the child, E, live with the father and that the father have sole parental responsibility for all major long-term issues, subject to specific procedural requirements for consultation with the mother. The court then set out detailed provisions for E's time with the mother, including during school holidays and long weekends, and outlined arrangements for special occasions such as birthdays. The orders also stipulated that the mother would book and pay for flights from Brisbane to Adelaide, and the father would book and pay for flights from Adelaide to Brisbane, with specific requirements for notification and compliance with airline policies for unaccompanied minors. Provisions were also made for E's communication with both parents and their respective families, and for the prompt notification of any serious accident or medical condition. The court further ordered that the father take E to counselling as recommended, with costs to be shared equally, and that both parents be provided with information regarding E's extracurricular activities. All previous orders were discharged, and applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Remedies

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Cases Citing This Decision

43

Cardus & Lavrick [2020] FamCA 579
Keane & Keane [2020] FamCA 99
Koch and Koch [2016] FamCA 214
Cases Cited

13

Statutory Material Cited

2

Dennison & Wang [2010] FamCAFC 182
Goode & Goode [2006] FamCA 1346
MRR v GR [2010] HCA 4