HEENEY & HEENEY

Case

[2015] FCCA 1337

21 May 2015


Details
AGLC Case Decision Date
Heeney and Heeney [2015] FCCA 1337 [2015] FCCA 1337 21 May 2015

CaseChat Overview and Summary

This matter concerned orders made by Judge Phipps regarding the parental responsibility and time arrangements for a child, [X]. The dispute involved the husband and wife, who sought to establish final parenting orders.

The court was required to determine the extent of equal shared parental responsibility, the specific living arrangements for the child, and the detailed schedule of time the child would spend with each parent. Additionally, the court needed to address provisions for communication, decision-making regarding the child's education, and arrangements for holidays and special days. The court also considered orders relating to the child's health, information sharing between parents, and injunctive relief to protect the child.

Judge Phipps made orders discharging previous orders, including the appointment of an Independent Children’s Lawyer. The court ordered equal shared parental responsibility for the child, with the wife having sole responsibility for decisions concerning the child's schooling. The child was ordered to live with the wife, and extensive provisions were set out for the child's time with the husband, including specific arrangements for weekends, weekdays, holidays, and special occasions, with detailed changeover points and times. The orders also included provisions for communication, medical care, attendance at school events, and injunctions restraining denigration of the other parent, discussion of proceedings in the child's presence, exposure to family violence, excessive alcohol consumption, and publication of photographs on social media. The parties were also directed to continue counselling and to use email and/or text for communication regarding the child's routine and care.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
Sayer v Radcliffe [2012] FamCAFC 209