Harvey and Maloney
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Consent
Actions
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Citations
Harvey and Maloney [2010] FamCA 936
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