Harris and Harris
Case
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[2007] FamCA 1130
•12 September 2007
Details
AGLC
Case
Decision Date
Harris and Harris [2007] FamCA 1130
[2007] FamCA 1130
12 September 2007
CaseChat Overview and Summary
In the matter of *Harris and Harris*, Guest J considered parenting orders concerning two children, T and P. The dispute involved the arrangements for the children's care, welfare, and development following the breakdown of the parents' relationship.
The court was required to determine the nature and extent of parental responsibility for long-term issues, the primary residence of the children, and the specific time the children would spend with each parent. Additionally, the court had to address provisions regarding day-to-day care, communication between parents and children, holiday arrangements, and specific considerations for birthdays and public holidays. The court also considered orders relating to parental conduct, including prohibitions on denigration, discussing proceedings with the children, physical discipline, and the use of alcohol or illegal substances.
Guest J discharged all previous parenting orders and made new orders establishing equal parental responsibility for long-term issues. The children were ordered to live with the wife, with each parent having responsibility for the children's day-to-day care while they were in their respective care. Detailed provisions were made for the children to spend time with the father, including alternate school term weekends, specific telephone contact, half of each school term holiday, half of the Christmas long summer vacation, and specific arrangements for Christmas and birthdays. The court also made orders restraining the parties from denigrating each other in the children's presence, discussing court proceedings with the children, using physical discipline, or being affected by alcohol or illegal substances when the children were in their care. A communication journal was to be established, and the Independent Children's Lawyer was discharged. All extant applications were dismissed, and the proceedings were removed from the active pending cases list.
The court was required to determine the nature and extent of parental responsibility for long-term issues, the primary residence of the children, and the specific time the children would spend with each parent. Additionally, the court had to address provisions regarding day-to-day care, communication between parents and children, holiday arrangements, and specific considerations for birthdays and public holidays. The court also considered orders relating to parental conduct, including prohibitions on denigration, discussing proceedings with the children, physical discipline, and the use of alcohol or illegal substances.
Guest J discharged all previous parenting orders and made new orders establishing equal parental responsibility for long-term issues. The children were ordered to live with the wife, with each parent having responsibility for the children's day-to-day care while they were in their respective care. Detailed provisions were made for the children to spend time with the father, including alternate school term weekends, specific telephone contact, half of each school term holiday, half of the Christmas long summer vacation, and specific arrangements for Christmas and birthdays. The court also made orders restraining the parties from denigrating each other in the children's presence, discussing court proceedings with the children, using physical discipline, or being affected by alcohol or illegal substances when the children were in their care. A communication journal was to be established, and the Independent Children's Lawyer was discharged. All extant applications were dismissed, and the proceedings were removed from the active pending cases list.
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Areas of Law
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Family Law
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Citations
Harris and Harris [2007] FamCA 1130
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