Landis and Landis
Case
•
[2013] FCCA 2413
•17 December 2013
Details
AGLC
Case
Decision Date
Landis and Landis [2013] FCCA 2413
[2013] FCCA 2413
17 December 2013
CaseChat Overview and Summary
This matter concerned parenting orders for the child X, born in 2009, between the Applicant Mother and the Respondent Father. The court was required to determine the arrangements for the child's residence, time spent with each parent, and various other aspects of their shared responsibility.
The court was tasked with determining the specific terms of equal shared parental responsibility, including the child's living arrangements, the schedule for time spent with each parent during school terms and holidays, and provisions for special occasions such as birthdays and Mother's and Father's Days. Further issues included arrangements for the child's education, healthcare, and communication between the parents. The court also considered orders to prevent the child's removal from Australia and the discharge of previous orders.
The court discharged all earlier parenting orders and established new arrangements for equal shared parental responsibility. The child X was ordered to live with the Father, with detailed schedules outlining the time the child would spend with the Mother, progressively transitioning to a different living arrangement from January 2015. The orders also stipulated specific arrangements for school holidays, including a method for calculating half-holiday periods. Provisions were made for parental communication, the child's education and healthcare, including immunisations, and restrictions on criticism of each other. Crucially, the court ordered that the child's name be placed on the Family Law Watch List for two years to prevent her removal from Australia, with specific notice requirements for any future international travel. The parents were also directed to attend counselling and mediation for any unresolved parenting matters.
The court was tasked with determining the specific terms of equal shared parental responsibility, including the child's living arrangements, the schedule for time spent with each parent during school terms and holidays, and provisions for special occasions such as birthdays and Mother's and Father's Days. Further issues included arrangements for the child's education, healthcare, and communication between the parents. The court also considered orders to prevent the child's removal from Australia and the discharge of previous orders.
The court discharged all earlier parenting orders and established new arrangements for equal shared parental responsibility. The child X was ordered to live with the Father, with detailed schedules outlining the time the child would spend with the Mother, progressively transitioning to a different living arrangement from January 2015. The orders also stipulated specific arrangements for school holidays, including a method for calculating half-holiday periods. Provisions were made for parental communication, the child's education and healthcare, including immunisations, and restrictions on criticism of each other. Crucially, the court ordered that the child's name be placed on the Family Law Watch List for two years to prevent her removal from Australia, with specific notice requirements for any future international travel. The parents were also directed to attend counselling and mediation for any unresolved parenting matters.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Consent
Actions
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Citations
Landis and Landis [2013] FCCA 2413
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
Landis & Landis
[2010] FMCAfam 1283
Landis and Landis
[2011] FMCAfam 490
Landis and Landis
[2012] FMCAfam 1452