HART & JERVIS

Case

[2020] FamCA 447

4 June 2020


Details
AGLC Case Decision Date
HART & JERVIS [2020] FamCA 447 [2020] FamCA 447 4 June 2020

CaseChat Overview and Summary

This matter concerned parenting orders made by Berman J in the Federal Circuit and Family Court of Australia. The dispute involved the mother and father of two children, X and Y, and concerned their living arrangements, time spent with each parent, and other related matters.

The court was required to determine the terms of parenting orders, including the children's residence, the allocation of parental responsibility, the schedule for the children to spend time with each parent, and provisions for communication and notification between the parents. Further issues included orders regarding the family home, injunctions restraining parties from attending certain locations, and arrangements for the children's schooling and medical care. The court also ordered a family assessment report to assist in determining the children's best interests.

Berman J made orders for equal shared parental responsibility and that the children live with the mother. The father was granted specific time with the children during school terms and holidays, with detailed provisions for changeovers and communication. The court also made orders concerning the family property, enjoining the parties from attending each other's residences or places of employment, and mandating notification of any changes to residential location or contact details. The children were to be re-enrolled at a specific school, and both parents were authorised to communicate with the school and attend school functions. Finally, the court ordered the parties to attend upon a psychologist for a family assessment report, with liberty to relist the matter after its publication.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Jurisdiction

  • Costs

Actions
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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

1

Marvel & Marvel [2010] FamCAFC 101
Sayer v Radcliffe [2012] FamCAFC 209
Browne & Keith [2015] FamCAFC 143