Hillier and Hillier (No 2)
Case
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[2010] FamCA 918
•13 October 2010
Details
AGLC
Case
Decision Date
Hillier and Hillier (No 2) [2010] FamCA 918
[2010] FamCA 918
13 October 2010
CaseChat Overview and Summary
In *Hillier and Hillier (No 2)*, the Honourable Justice Cronin considered parenting orders concerning the communication between a husband and his children, and the wife's responsibilities and decision-making powers regarding the children. The dispute arose from applications for parenting orders made by the parties.
The court was required to determine the extent and nature of the husband's communication with the children, specifically addressing the use of technology for contact. It also needed to decide on the wife's obligation to consult with the husband on long-term decisions affecting the children, and to determine the wife's sole responsibility for making such decisions. Furthermore, the court had to consider the husband's ability to send gifts to the children and the wife's discretion in facilitating their delivery.
Justice Cronin ordered that the husband communicate with the child J via webcam each Sunday for 30 minutes, conditional on the husband providing the necessary technical equipment and setting up an account with a service provider. The husband was also restrained from abusing or harassing the wife. Communication with the other children, C and L, was to be determined at a later date when the husband could demonstrate a proposal for establishing and maintaining a relationship. The wife was ordered to provide school reports and brief overviews of serious health issues to the husband. The husband was permitted to send age-appropriate gifts for Christmas and birthdays, but the wife retained discretion over whether these gifts were given to the children. Crucially, the wife was relieved of the obligation to consult with the husband on major long-term issues affecting the children and was granted sole responsibility for decisions concerning their education, religion, culture, health, and living arrangements until further order. The parties' applications for parenting orders were otherwise dismissed.
The court was required to determine the extent and nature of the husband's communication with the children, specifically addressing the use of technology for contact. It also needed to decide on the wife's obligation to consult with the husband on long-term decisions affecting the children, and to determine the wife's sole responsibility for making such decisions. Furthermore, the court had to consider the husband's ability to send gifts to the children and the wife's discretion in facilitating their delivery.
Justice Cronin ordered that the husband communicate with the child J via webcam each Sunday for 30 minutes, conditional on the husband providing the necessary technical equipment and setting up an account with a service provider. The husband was also restrained from abusing or harassing the wife. Communication with the other children, C and L, was to be determined at a later date when the husband could demonstrate a proposal for establishing and maintaining a relationship. The wife was ordered to provide school reports and brief overviews of serious health issues to the husband. The husband was permitted to send age-appropriate gifts for Christmas and birthdays, but the wife retained discretion over whether these gifts were given to the children. Crucially, the wife was relieved of the obligation to consult with the husband on major long-term issues affecting the children and was granted sole responsibility for decisions concerning their education, religion, culture, health, and living arrangements until further order. The parties' applications for parenting orders were otherwise dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Remedies
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Starr & Duggan
[2009] FamCAFC 115
Cowley & Mendoza
[2010] FamCA 597
MRR v GR
[2010] HCA 4