Hobart and Hobart

Case

[2009] FamCA 872

31 August 2009


Details
AGLC Case Decision Date
Hobart and Hobart [2009] FamCA 872 [2009] FamCA 872 31 August 2009

CaseChat Overview and Summary

In the matter of *Hobart and Hobart*, Justice Cronin of the Family Court of Australia considered parenting orders concerning two children, L and N. The dispute involved the arrangements for the children's living arrangements, parental responsibility, and communication with each parent.

The court was required to determine the appropriate parenting orders for L and N, specifically addressing issues of equal shared parental responsibility, a rotating weekly living arrangement, communication protocols, and the children's attendance at counselling and school. The court also considered the discharge of previous parenting orders and the appointment of an Independent Children's Lawyer.

Justice Cronin's reasoning led to the discharge of all previous parenting orders and the establishment of equal shared parental responsibility for both children. The court ordered a rotating weekly living arrangement, with specific provisions for Christmas holidays and communication between the children and the non-resident parent. The parents were directed to ensure the children attend counselling, with the choice of counsellor to be determined by a nominated individual or the Independent Children's Lawyer if necessary. The court also mandated attendance at a parenting orders program and included a fact sheet detailing the obligations and consequences of contravening the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation. These orders were made consistent with the recommendations of a family consultant and the expressed views of the children and the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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