KEDVES & SEGAL

Case

[2020] FCCA 67

17 January 2020


Details
AGLC Case Decision Date
Kedves and Segal [2020] FCCA 67 [2020] FCCA 67 17 January 2020

CaseChat Overview and Summary

In the matter of KEDVES & SEGAL, Judge Small considered parenting arrangements for a child born in 2015, in circumstances of high parental conflict and communication breakdown. The dispute concerned how the child's time with her father should progress.

The court was required to determine the extent of parental responsibility, the method for decision-making regarding major issues affecting the child's care, welfare, and development, and the specific time the child would spend with each parent. The court also needed to address the practicalities of changeovers and arrangements for school holidays.

The court ordered equal shared parental responsibility, mandating written communication for major issues and requiring attendance at Family Dispute Resolution if agreement could not be reached. In such instances, the mother was granted the final decision-making power. The child was ordered to live with the mother, with specific, detailed provisions for the child's time with the father, including alternating weekends, mid-week contact during school terms, and progressively increasing periods during school holidays. The orders also stipulated detailed changeover arrangements and addressed potential conflicts arising from the father's work commitments during school holidays.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

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Cases Citing This Decision

115

Newman & Tate [2020] FamCA 1114
Angeli & Farina [2020] FamCA 975
SACHA & SACHA [2020] FamCA 417
Cases Cited

3

Statutory Material Cited

2

McShane and Tanner (No.2) [2011] FMCAfam 508
Tait & Densmore [2007] FamCA 1383
Bell and Bell [2017] FCCA 173