Hooper and Reeves

Case

[2013] FCCA 505

12 June 2013


Details
AGLC Case Decision Date
HOOPER & REEVES [2013] FCCA 505 [2013] FCCA 505 12 June 2013

CaseChat Overview and Summary

This matter concerned the parenting arrangements for a child, [X], born in 2009, between the parties, Hooper and Reeves. The court was required to make orders regarding the child's residence, time spent with each parent, and various ancillary matters.

The court determined that the parties should have equal shared parental responsibility for the child. The child was ordered to live with the mother, with specific provisions for the child to spend time with the father, including a phased approach to weekend and holiday arrangements as the child transitioned from pre-kindergarten to kindergarten. The orders also addressed handover arrangements, notice requirements for missed time, and injunctions restraining a third party, Mr V, from attending handovers. Further, the mother was restrained from removing the child from South Australia without the father's consent or a court order.

The court also made orders concerning the communication and information sharing between the parents, including notification of accidents or illness, access to school reports and events, telephone communication, and the use of a communication book. Injunctions were granted restraining both parties from physically disciplining the child, posting negative comments about parenting on social media, or denigrating the other parent in the child's presence. The mother was also restrained from arranging psychological examinations or treatment for the child without the father's prior written consent. All other extant applications were dismissed.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

0

Russell & Russell & Anor [2009] FamCA 28