LAMPING & DELAND
Case
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[2020] FCCA 2721
•2 October 2020
Details
AGLC
Case
Decision Date
Lamping and Deland [2020] FCCA 2721
[2020] FCCA 2721
2 October 2020
CaseChat Overview and Summary
In the matter of Lamping & Deland, heard before Judge Obradovic, the dispute concerned final parenting orders for two children, X (born 2003) and Y (born 2007). The proceedings sought to determine the future arrangements for the children's time with their father and the allocation of parental responsibility.
The court was required to determine the extent of parental responsibility to be allocated, where the children would live, and the nature and extent of the children's time with the father. A key consideration was how to give effect to the children's expressed wishes in the final orders.
Judge Obradovic reasoned that the children's wishes were paramount in determining their time with the father, ordering that the children would spend time with the father in accordance with their wishes. The court further ordered that the mother would have sole parental responsibility for both children and that the children would live with the mother. All prior parenting orders were discharged, and all outstanding issues were removed from the list of cases awaiting finalisation.
The court was required to determine the extent of parental responsibility to be allocated, where the children would live, and the nature and extent of the children's time with the father. A key consideration was how to give effect to the children's expressed wishes in the final orders.
Judge Obradovic reasoned that the children's wishes were paramount in determining their time with the father, ordering that the children would spend time with the father in accordance with their wishes. The court further ordered that the mother would have sole parental responsibility for both children and that the children would live with the mother. All prior parenting orders were discharged, and all outstanding issues were removed from the list of cases awaiting finalisation.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Remedies
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Citations
Lamping and Deland [2020] FCCA 2721
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
2
Slater & Light
[2011] FamCAFC 1
Mazorski & Albright
[2007] FamCA 520
Salah & Salah
[2016] FamCAFC 100