Harvey and Maloney

Case

[2010] FamCA 936

21 October 2010


Details
AGLC Case Decision Date
Harvey and Maloney [2010] FamCA 936 [2010] FamCA 936 21 October 2010

CaseChat Overview and Summary

In the matter of *Harvey and Maloney*, heard before Justice Austin, the court was required to determine parenting orders concerning two children, T and M. The dispute involved the arrangements for the children's living situation, time spent with each parent, and various ancillary matters relating to their care and communication.

The legal issues before the court included the allocation of parental responsibility, the primary residence of the children, the specific schedule for the children's time with each parent during school terms and holidays, and provisions for communication between the children and the non-resident parent. The court also had to consider orders regarding the children living with the paternal grandmother for a specified period, restrictions on drug use and denigration of a parent, notification of medical emergencies, and the exchange of information regarding the children's activities and contact details.

Justice Austin discharged all former parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the father, with a condition that for two years, the father and children reside with the paternal grandmother. Detailed provisions were made for the children's time with the mother, including specific arrangements for school terms, various school holidays, and Christmas. The court also made orders concerning communication, including telephone contact on Fridays and children's birthdays, and imposed restraints on drug use and denigration of a parent. Further orders mandated notification of medical emergencies, the sharing of information about the children's activities, and the provision of updated contact details. The Independent Children's Lawyer was discharged, and outstanding applications were dismissed, with the father ordered to pay the costs of the Independent Children's Lawyer by consent.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Consent

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Champness & Hanson [2009] FamCAFC 96