Jardine and Phillips

Case

[2017] FCCA 585

29 March 2017


Details
AGLC Case Decision Date
Jardine and Phillips [2017] FCCA 585 [2017] FCCA 585 29 March 2017

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge Kelly in relation to the child [X]. The parties, identified as Jardine and Phillips, sought to resolve disputes concerning parental responsibility and the time the child would spend with each parent.

The court was required to determine the specific arrangements for parental responsibility, including the child's living arrangements, time with each parent during school terms and holidays, and arrangements for special occasions. Further issues included the method of handovers, communication protocols between parents and with the child, and provisions for interstate and overseas travel. The court also considered the need for injunctions to prevent denigration and discussion of proceedings with the child.

Judge Kelly discharged all previous parenting orders and established new arrangements for shared parental responsibility. The orders detailed a phased approach to the child's living arrangements, transitioning from a primary caregiver model to a week-about arrangement from January 2019. Specific provisions were made for school terms, school holidays, and special occasions, including Christmas and Easter. The court also mandated communication methods, including telephone contact and the use of a communication book, and imposed injunctions restraining denigration and discussion of proceedings with the child. Provisions for interstate and overseas travel were also outlined, requiring notice and consent under specific conditions.

The court ordered the discharge of all previous parenting orders and finalised all proceedings. The new orders established shared parental responsibility and detailed specific arrangements for the child's living arrangements, time with each parent, communication, and travel.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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