JANCOS & CAGNEY

Case

[2019] FCCA 3111

30 October 2019


Details
AGLC Case Decision Date
Jancos and Cagney [2019] FCCA 3111 [2019] FCCA 3111 30 October 2019

CaseChat Overview and Summary

This matter concerned parenting orders for a child, X, born in 2009. The mother sought primary care, while the father sought to continue an equal shared care arrangement. The case was heard by Judge Carter in the context of significant parental conflict and a lack of communication between the parties, with issues arising concerning X's schooling and where she should complete her primary education and commence high school.

The court was required to determine the best interests of the child, X, in light of the parental conflict and the child's wishes for the status quo to remain. Specifically, the court had to decide on the appropriate living arrangements for X during school terms and holidays, as well as the schooling arrangements for both primary and secondary education. The court also needed to address communication and information sharing between the parents regarding X's wellbeing and education.

The court's reasoning led to the discharge of all previous parenting orders and the establishment of equal shared parental responsibility for X. During school terms, X was ordered to live with her mother and spend time with her father on a two-week rotating cycle. The parties were ordered to enrol X at U Primary School for 2019 and 2020 and at A High School to commence in 2021. Detailed provisions were made for X's time with each parent during school holidays and on special occasions, including birthdays. The court also made orders for ongoing communication and information sharing between the parents regarding X's health, education, and general wellbeing, and restrained both parties from denigrating each other in X's presence. All extant applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

3

Grella & Jamieson [2017] FamCAFC 21
MRR v GR [2010] HCA 4
Beckham & Desprez [2015] FamCAFC 247