HOLMWOOD & BISSETTE

Case

[2019] FamCA 252

23 April 2019


Details
AGLC Case Decision Date
HOLMWOOD & BISSETTE [2019] FamCA 252 [2019] FamCA 252 23 April 2019

CaseChat Overview and Summary

This matter concerned the parenting arrangements for three children, X, Y, and Z, born in 2008, 2010, and 2011 respectively. The proceedings were before Hannam J in the Family Court of Australia. The dispute revolved around the specific terms of parental responsibility, living arrangements, and time spent between the children and each parent.

The court was required to determine the specific orders concerning parental responsibility, the primary residence of the children, and the detailed schedule for the children to spend time with the father. This included defining the frequency and duration of the father's time during school terms and holidays, as well as specific arrangements for public holidays and birthdays. Further issues included communication protocols between the parents, restrictions on changing the children's place of residence, and provisions for medical information sharing and school-related matters. The court also had to address prohibitions against certain behaviours, such as physical discipline, exposure to family violence, and denigration of the other parent.

Hannam J made orders granting the mother sole parental responsibility and establishing the children's primary residence with her. The court then detailed a comprehensive schedule for the father's time with the children, specifying periods during school terms and various school holidays, including Christmas and Easter. The orders also included provisions for communication between the father and children when they were not in his care, and outlined specific restrictions on each parent, such as not removing the children from the Town B area, not attending the children's school except under specific circumstances, and not using physical force for discipline. The court also imposed restraints on discussing proceedings with the children and on criticising or denigrating the other parent in their presence.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

8

Statutory Material Cited

2

M v M [1988] HCA 68
M v M [1988] HCA 68
Briginshaw v Briginshaw [1938] HCA 34