HIBBERT & FERGUSON

Case

[2015] FamCA 466

19 June 2015


Details
AGLC Case Decision Date
HIBBERT & FERGUSON [2015] FamCA 466 [2015] FamCA 466 19 June 2015

CaseChat Overview and Summary

This case involved a dispute between a mother and father concerning the parenting arrangements for their three children. The matter came before Berman J.

The court was required to determine the orders regarding parental responsibility, the children's living arrangements, and the time each parent would spend with the children. Additionally, the court needed to address communication between parents and children, the exchange of information regarding the children's health and education, and orders restraining denigration of a parent. The court also considered spousal maintenance and the discharge of an Independent Children's Lawyer.

Berman J made orders for equal shared parental responsibility, with the children to live with the mother. The father was granted significant time with the children, including alternate weekends, regular weekday contact, and a substantial portion of school holidays, with specific provisions for Christmas, Easter, and birthdays. The court also made orders for communication, information sharing, and a restraint against denigration. The mother was permitted to retain the children's passports. The father was ordered to pay spousal maintenance of $405 per week for two years. The Independent Children's Lawyer was discharged, and all matters were removed from the pending list.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

AMS v AIF [1999] HCA 26
Sayer v Radcliffe [2012] FamCAFC 209
MRR v GR [2010] HCA 4