Jallip and Jallip (No. 2)
Case
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[2008] FamCA 629
•6 August 2008
Details
AGLC
Case
Decision Date
Jallip and Jallip (No. 2) [2008] FamCA 629
[2008] FamCA 629
6 August 2008
CaseChat Overview and Summary
This matter concerned parenting orders for two children, Y and L, born in 2000 and 2001 respectively. The proceedings were before O'Ryan J.
The court was required to determine the future parenting arrangements for the children, including issues of parental responsibility, living arrangements, time spent with each parent, and communication between the parents and children. The court also had to consider orders relating to travel arrangements, financial contributions towards costs, and restrictions on the parties' conduct towards the children and in relation to the proceedings.
O'Ryan J discharged all previous parenting orders and undertakings. The court ordered that the Mother have sole parental responsibility for both children, with each parent responsible for the day-to-day care of the children while they are in their respective care. The children were ordered to live with the Mother, who was permitted to establish a residence in the metropolitan area of Brisbane, Queensland. Detailed provisions were made for the children to spend time with the Father, with different arrangements specified depending on whether the parents resided in the same city or in Brisbane and Sydney respectively. These provisions included specific arrangements for school term holidays, Christmas holidays, Greek Orthodox Easter periods, and weekend and mid-week time. The court also made orders regarding travel arrangements between Brisbane and Sydney, including the responsibility for booking and payment of flights, and notification requirements. Further orders addressed telephone communication between the children and their parents, the exchange of personal contact details, and the provision of school-related information. The Father was specifically restrained from denigrating the Mother to the children or discussing the proceedings with them. A note was included regarding the expected conduct of the paternal grandparents. Finally, the court ordered the Father to pay a sum to the Legal Aid Commission of New South Wales for the costs of the Independent Children’s Lawyer and his share of court attendance fees, and the Mother to pay her share of the court attendance fees.
The court was required to determine the future parenting arrangements for the children, including issues of parental responsibility, living arrangements, time spent with each parent, and communication between the parents and children. The court also had to consider orders relating to travel arrangements, financial contributions towards costs, and restrictions on the parties' conduct towards the children and in relation to the proceedings.
O'Ryan J discharged all previous parenting orders and undertakings. The court ordered that the Mother have sole parental responsibility for both children, with each parent responsible for the day-to-day care of the children while they are in their respective care. The children were ordered to live with the Mother, who was permitted to establish a residence in the metropolitan area of Brisbane, Queensland. Detailed provisions were made for the children to spend time with the Father, with different arrangements specified depending on whether the parents resided in the same city or in Brisbane and Sydney respectively. These provisions included specific arrangements for school term holidays, Christmas holidays, Greek Orthodox Easter periods, and weekend and mid-week time. The court also made orders regarding travel arrangements between Brisbane and Sydney, including the responsibility for booking and payment of flights, and notification requirements. Further orders addressed telephone communication between the children and their parents, the exchange of personal contact details, and the provision of school-related information. The Father was specifically restrained from denigrating the Mother to the children or discussing the proceedings with them. A note was included regarding the expected conduct of the paternal grandparents. Finally, the court ordered the Father to pay a sum to the Legal Aid Commission of New South Wales for the costs of the Independent Children’s Lawyer and his share of court attendance fees, and the Mother to pay her share of the court attendance fees.
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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Costs
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Procedural Fairness
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Remedies
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Standing
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Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
2
Lange v Australian Broadcasting Corporation
[1997] HCA 25
Bolitho & Cohen
[2005] FamCA 458
Godfrey & Sanders
[2007] FamCA 102