Hulk and Diable
Case
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[2009] FamCA 1317
•24 December 2009
Details
AGLC
Case
Decision Date
Hulk and Diable [2009] FamCA 1317
[2009] FamCA 1317
24 December 2009
CaseChat Overview and Summary
This matter concerned parenting orders for a child born in July 1997, with the parties identified as the mother and father. The dispute revolved around the arrangements for the child's living arrangements, time spent with each parent, and related matters such as schooling and communication. The court was required to make orders that reflected the best interests of the child, considering the specific circumstances and the parties' proposed arrangements.
The court was tasked with determining the specific terms of shared parental responsibility, including where the child would live and the detailed schedule for time spent with each parent. This involved considering a conditional arrangement where the child's primary residence would shift to the mother if she relocated to a specific area by a certain date, and alternative arrangements if she did not. Further issues included provisions for special days like Father's Day and Mother's Day, the child's schooling, communication protocols between the parents and with the child, and the disclosure of medical information in the event of illness or injury. The court also had to address the restraint on discussing court proceedings with the child and the process for explaining the orders to the child.
The court made orders by consent, establishing equal shared parental responsibility. The child was to live with the father, subject to detailed provisions for time with the mother. These provisions were contingent on the mother's relocation to the Central Coast area by 24 December 2010, which would trigger a significant shift in living arrangements. If the relocation did not occur, the mother would have specific periods of care during school terms, weekends, and school holidays, with notice requirements and conditions regarding the child's participation in activities. The orders also included specific arrangements for Father's Day and Mother's Day, the child's enrolment at R High School, and protocols for communication and information sharing between the parents, particularly concerning the child's health and schooling. The court also ordered that neither parent discuss the proceedings or evidence with the child and that a family consultant explain the orders to the child. All outstanding applications were dismissed, and the proceedings were removed from the Active Pending Cases List.
The court was tasked with determining the specific terms of shared parental responsibility, including where the child would live and the detailed schedule for time spent with each parent. This involved considering a conditional arrangement where the child's primary residence would shift to the mother if she relocated to a specific area by a certain date, and alternative arrangements if she did not. Further issues included provisions for special days like Father's Day and Mother's Day, the child's schooling, communication protocols between the parents and with the child, and the disclosure of medical information in the event of illness or injury. The court also had to address the restraint on discussing court proceedings with the child and the process for explaining the orders to the child.
The court made orders by consent, establishing equal shared parental responsibility. The child was to live with the father, subject to detailed provisions for time with the mother. These provisions were contingent on the mother's relocation to the Central Coast area by 24 December 2010, which would trigger a significant shift in living arrangements. If the relocation did not occur, the mother would have specific periods of care during school terms, weekends, and school holidays, with notice requirements and conditions regarding the child's participation in activities. The orders also included specific arrangements for Father's Day and Mother's Day, the child's enrolment at R High School, and protocols for communication and information sharing between the parents, particularly concerning the child's health and schooling. The court also ordered that neither parent discuss the proceedings or evidence with the child and that a family consultant explain the orders to the child. All outstanding applications were dismissed, and the proceedings were removed from the Active Pending Cases List.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Consent
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Procedural Fairness
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Remedies
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Discovery
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Citations
Hulk and Diable [2009] FamCA 1317
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