Landy and Bartels
Case
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[2017] FamCA 690
•8 September 2017
Details
AGLC
Case
Decision Date
Landy and Bartels [2017] FamCA 690
[2017] FamCA 690
8 September 2017
CaseChat Overview and Summary
This matter concerned parenting orders made by Benjamin J in relation to two sons, the elder son born in 2004 and the younger son born in 2011. The dispute involved the mother, Ms Landy, and the father, Mr Bartels, regarding the parental responsibility, living arrangements, and time spent with their children.
The court was required to determine the specific orders concerning parental responsibility and the living arrangements for both sons. Additionally, the court needed to establish the terms and conditions under which the father would spend time and communicate with the younger son, including the involvement of a children's contact centre and the associated costs. The court also addressed communication protocols between the parents regarding the children, the father's right to receive school and medical information, and injunctions restraining derogatory comments and complaints about professionals involved in the case.
Benjamin J made orders by consent regarding the elder son, vacating previous orders and granting the mother sole parental responsibility, with the elder son living with her. The father was permitted to spend time and communicate with the elder son as agreed and in accordance with the elder son's wishes. For the younger son, the court determined that the mother would have sole parental responsibility and he would live with her. The father's time with the younger son was to be two hours on four, five, or six occasions per year, supervised at a children's contact centre, with specific obligations for both parties to arrange and comply with the centre's requirements. The court also ordered equal contributions to the contact centre costs and detailed provisions for the father to send gifts and receive school and medical information for both sons. Injunctions were granted restraining derogatory comments and complaints to professional bodies without leave of the court.
The court was required to determine the specific orders concerning parental responsibility and the living arrangements for both sons. Additionally, the court needed to establish the terms and conditions under which the father would spend time and communicate with the younger son, including the involvement of a children's contact centre and the associated costs. The court also addressed communication protocols between the parents regarding the children, the father's right to receive school and medical information, and injunctions restraining derogatory comments and complaints about professionals involved in the case.
Benjamin J made orders by consent regarding the elder son, vacating previous orders and granting the mother sole parental responsibility, with the elder son living with her. The father was permitted to spend time and communicate with the elder son as agreed and in accordance with the elder son's wishes. For the younger son, the court determined that the mother would have sole parental responsibility and he would live with her. The father's time with the younger son was to be two hours on four, five, or six occasions per year, supervised at a children's contact centre, with specific obligations for both parties to arrange and comply with the centre's requirements. The court also ordered equal contributions to the contact centre costs and detailed provisions for the father to send gifts and receive school and medical information for both sons. Injunctions were granted restraining derogatory comments and complaints to professional bodies without leave of the court.
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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Consent
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Injunction
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Costs
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Procedural Fairness
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Remedies
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Appeal
Actions
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Citations
Landy and Bartels [2017] FamCA 690
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