Karllsson and Karllsson (No 2)

Case

[2014] FamCA 1103

2 December 2014


Details
AGLC Case Decision Date
Karllsson and Karllsson (No 2) [2014] FamCA 1103 [2014] FamCA 1103 2 December 2014

CaseChat Overview and Summary

In *Karllsson and Karllsson (No 2)*, Dawe J considered applications by the mother for parental responsibility concerning discrete issues and by the father to increase his time with the children. The dispute centred on how to best manage the children's care and the extent of each parent's involvement, particularly in light of the existing presumption of equal shared parental responsibility.

The court was required to determine whether "parallel parenting" was appropriate for discrete issues, and to consider the best interests of the children in relation to the father's application to increase his time. This involved assessing the need to maintain a meaningful relationship between the children and both parents, and whether the parties could meet the children's emotional and intellectual needs amidst their conflictual relationship. The ongoing assistance of a psychologist to resolve parenting disputes was also a relevant consideration.

Dawe J applied the presumption of equal shared parental responsibility, ordering that each parent would be responsible for the day-to-day care of the children while they were in their respective care. The court did not make an order for sole parental responsibility. Regarding time spent with the children, the court ordered that the father have substantial and significant time, with specific arrangements for school terms and holidays that evolved over time. The orders also included provisions for communication between the children and the non-resident parent, notification of inability to care for the children, and restrictions on medical treatment to designated practitioners.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Consent

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