LAMBERT & ADAMSON (No.2)
Case
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[2013] FCCA 276
•31 July 2013
Details
AGLC
Case
Decision Date
LAMBERT & ADAMSON (No.2) [2013] FCCA 276
[2013] FCCA 276
31 July 2013
CaseChat Overview and Summary
This case concerned parenting orders made by Judge Monahan regarding the children X and Y. The dispute involved the arrangements for the children's living arrangements, time spent with each parent, and related matters.
The court was required to determine the specific orders concerning equal shared parental responsibility, the children's primary residence, the quantum and nature of time the children would spend with each parent, and various ancillary matters including communication, school involvement, and restrictions on parental conduct. The court also considered the discharge of previous parenting orders and the appointment of an Independent Children's Lawyer.
Judge Monahan discharged all previous parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the father, who was to reside with the paternal grandmother, ensuring the children slept in their own bedrooms. The mother was to spend substantial and significant time with the children, with detailed provisions for school terms, holidays, and birthdays, including specific arrangements for Father's Day, Mother's Day, and Christmas. The orders also stipulated how changeovers were to occur, facilitated communication between parents and children, and set out expectations for parental conduct, including prohibitions on drug use, disparaging remarks, and physical discipline. The parties were also ordered to attend a post-separation parenting program.
The court was required to determine the specific orders concerning equal shared parental responsibility, the children's primary residence, the quantum and nature of time the children would spend with each parent, and various ancillary matters including communication, school involvement, and restrictions on parental conduct. The court also considered the discharge of previous parenting orders and the appointment of an Independent Children's Lawyer.
Judge Monahan discharged all previous parenting orders and made new orders establishing equal shared parental responsibility. The children were ordered to live with the father, who was to reside with the paternal grandmother, ensuring the children slept in their own bedrooms. The mother was to spend substantial and significant time with the children, with detailed provisions for school terms, holidays, and birthdays, including specific arrangements for Father's Day, Mother's Day, and Christmas. The orders also stipulated how changeovers were to occur, facilitated communication between parents and children, and set out expectations for parental conduct, including prohibitions on drug use, disparaging remarks, and physical discipline. The parties were also ordered to attend a post-separation parenting program.
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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Jurisdiction
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Remedies
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Procedural Fairness
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Natural Justice
Actions
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Citations
LAMBERT & ADAMSON (No.2) [2013] FCCA 276
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
0
Lambert and Adamson
[2011] FMCAfam 1116
Andrew & Delaine
[2009] FamCAFC 182
Lindell & Ranteri
[2010] FamCA 52