LANCEFIELD & LANCEFIELD

Case

[2020] FCCA 1674

29 June 2020


Details
AGLC Case Decision Date
LANCEFIELD & LANCEFIELD [2020] FCCA 1674 [2020] FCCA 1674 29 June 2020

CaseChat Overview and Summary

This matter concerned orders made by Judge B Smith regarding the parental responsibility, living arrangements, and time spent with two children, X and Y. The dispute centred on the practical arrangements for the children's care and contact between their parents, including specific schedules for school terms, holidays, and special occasions, as well as provisions for communication, medical care, and schooling.

The court was required to determine the specific orders for equal shared parental responsibility, the children's living arrangements, and the time each parent would spend with the children, both in the short term until 23 December 2020 and thereafter. Further issues included the arrangements for changeovers, communication between parents and children, the involvement of schools and other organisations, and the keeping of each parent informed about the children's welfare. The court also addressed restraints on parental conduct and specific provisions relating to medical and psychological care, including the relocation of the children and the release of relevant reports.

The court applied principles of the *Family Law Act* to establish orders for parental responsibility and the children's living and spending time arrangements. These orders detailed specific schedules for weekdays, weekends, and school holidays, with provisions for notice and agreement between the parties. The court also made orders regarding communication, ensuring both parents could maintain contact with the children. Provisions were made for the children's schooling and medical care, including the appointment of new practitioners and enrolment in a new school. Restraints were imposed on parents to prevent derogatory remarks about each other in the children's presence and to avoid discussing proceedings with the children.

The court made detailed orders regarding the children's living and spending time arrangements, including specific provisions for communication, school involvement, and medical care. The orders also included directions for the payment of costs to the Legal Aid Commission of New South Wales by both the Mother and the Father. Further provisions were made to supplement existing consent orders regarding the children's vaccinations.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Consent

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

4

Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 34
Carlson & Fluvium [2012] FamCA 32