Hope and McCall

Case

[2009] FamCA 413

19 May 2009


Details
AGLC Case Decision Date
Hope and McCall [2009] FamCA 413 [2009] FamCA 413 19 May 2009

CaseChat Overview and Summary

In the matter of *Hope and McCall*, heard before Justice Rose, the dispute concerned parenting arrangements for a child born in December 2002. The orders indicate a disagreement between the parents regarding the child's living arrangements, time spent with each parent, and the father's access to information about the child's schooling and health.

The court was required to determine the primary residence of the child, the extent of time the child would spend with the father, and the mechanisms by which the father would be kept informed about the child's education and health, particularly concerning Selective Mutism and anxiety. The court also had to consider the provision of written authorities to facilitate this information sharing.

Justice Rose ordered that the child live with the mother, with provisions for the child to spend time with the father as agreed in writing by the parents. Crucially, the mother was directed to provide written authorities to school principals and health professionals, enabling the father to obtain reports, correspondence, and information regarding the child's schooling and health issues, including diagnosis, treatment, and prognosis for Selective Mutism and anxiety. The mother was also ordered to furnish copies of these authorities to the father. The proceedings were removed from the Active Pending Cases List. Notations indicated the mother's obligation to arrange for the child to consult the Selective Mutism Clinic within three months, and the father's willingness to contribute financially to these consultations upon receiving written details. It was also noted that no order was sought to rebut the presumption of Equal Shared Parental Responsibility.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

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