HOPWOOD & HOPWOOD
Case
•
[2018] FCCA 1544
•27 June 2018
Details
AGLC
Case
Decision Date
HOPWOOD & HOPWOOD [2019] FCCA 1544
[2018] FCCA 1544
27 June 2018
CaseChat Overview and Summary
The case of *Hopwood & Hopwood* concerned parenting orders made by Judge Mercuri. The dispute involved the mother and father of two children, [Y] and [Z], born in 2003 and 2006 respectively. The court was required to determine the future parenting arrangements for the children, including issues of parental responsibility, time spent with each parent, communication, and the involvement of external professionals.
The primary legal issues before the court were the allocation of parental responsibility, the nature and extent of the children's time and communication with each parent, and the facilitation of these arrangements. The court also considered the father's access to information regarding the children's education and health, and the conduct of the parents in relation to social media and the dissemination of information about the proceedings. The discharge of previous orders and the appointment of an Independent Children's Lawyer were also matters for determination.
Judge Mercuri ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility for the children. The children were to spend time and communicate with the father as agreed with the mother and subject to the children's wishes, with specific provisions for a weekly telephone call. The mother was to facilitate communication and transport for agreed changeovers. The father was permitted to communicate with the children's medical practitioners and school, and to obtain reports at his expense. Crucially, the father was restrained by injunction from posting photographs of the children or comments about the proceedings on social media. The court also noted the provisions of section 121 of the *Family Law Act 1975* regarding the publication of family law proceedings.
The primary legal issues before the court were the allocation of parental responsibility, the nature and extent of the children's time and communication with each parent, and the facilitation of these arrangements. The court also considered the father's access to information regarding the children's education and health, and the conduct of the parents in relation to social media and the dissemination of information about the proceedings. The discharge of previous orders and the appointment of an Independent Children's Lawyer were also matters for determination.
Judge Mercuri ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility for the children. The children were to spend time and communicate with the father as agreed with the mother and subject to the children's wishes, with specific provisions for a weekly telephone call. The mother was to facilitate communication and transport for agreed changeovers. The father was permitted to communicate with the children's medical practitioners and school, and to obtain reports at his expense. Crucially, the father was restrained by injunction from posting photographs of the children or comments about the proceedings on social media. The court also noted the provisions of section 121 of the *Family Law Act 1975* regarding the publication of family law proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Procedural Fairness
Actions
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Citations
HOPWOOD & HOPWOOD [2019] FCCA 1544
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
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[2007] FamCA 1383
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