HOWARD & SWANN

Case

[2015] FCCA 1950

31 July 2015


Details
AGLC Case Decision Date
Howard and Swann [2015] FCCA 1950 [2015] FCCA 1950 31 July 2015

CaseChat Overview and Summary

This matter concerned parenting orders for two children, X and Y, born in 2003 and 2005 respectively. The dispute involved the father, Mr Howard, and the mother, Ms Swann, regarding the children's living arrangements and time spent with each parent. The case was heard by Judge Curtain.

The court was required to determine the specific terms of parenting orders that would govern the children's lives, including where they would live, the schedule for time spent with each parent, communication arrangements, and provisions for travel and education. The court also considered the children's preferences and the impact of parental conflict on their well-being.

The court's decision was made by consent of the parties, resulting in a comprehensive set of orders. These orders established that both parents would retain equal shared parental responsibility. The children were ordered to live with the mother, with detailed provisions for the children to spend time with the father, including specific weekend arrangements, school holiday allocations, and travel protocols. The orders also addressed supervision of internet use and television, the manner in which children should address their parents, and the mother's relocation to a suitable family residence. Further provisions were made regarding communication between parents and children, including daily contact arrangements and the facilitation of contact with extended families. The court also made orders concerning the children's passports, international travel, and the process for resolving future disputes or variations to the parenting arrangements, including mandatory counselling for the parents. All prior restraining orders concerning the children's removal from Australia were discharged, and their names were to be removed from the Airport Watch List.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

9

Statutory Material Cited

2

Caravaggio & Caravaggio [2011] FamCA 254
G & C [2006] FamCA 994
Sealey & Archer [2008] FamCAFC 142