Larkins and Larkins
Case
•
[2013] FCCA 2072
•4 December 2013
Details
AGLC
Case
Decision Date
LARKINS & LARKINS
[2013] FCCA 2072
[2013] FCCA 2072
4 December 2013
CaseChat Overview and Summary
This matter concerned the parenting arrangements for four children, W, X, Y, and Z, born in 1996, 1999, 1999, and 2007 respectively. The proceedings were before Judge Lapthorn.
The court was required to determine the orders concerning the children's living arrangements, time spent with each parent, and related matters. Specifically, the court needed to establish a framework for shared parental responsibility, define the residential arrangements for the children, and set out detailed provisions for time spent with each parent during school terms, school holidays, and significant annual events such as Christmas and religious observances. The court also had to consider provisions for communication between parents and children, restrictions on denigration, and arrangements for illness, accidents, and participation in children's activities.
The court made orders for Equal Shared Parental Responsibility for all four children. The orders established a detailed schedule for the children X, Y, and Z to live with the mother and father, with specific arrangements for weekdays, alternate weekends, and school holidays, including provisions for odd and even numbered years. Further orders addressed time spent with each parent on Christmas Day, Boxing Day, Christmas Eve, and during specific religious observances. The court also included provisions for Mother's Day, Father's Day, and the children's birthdays, as well as the right for parents to communicate with the children by telephone. Crucially, the court ordered that each parent be restrained from denigrating the other or members of the other's family in the presence of the children and must ensure no other person does so. Provisions were also made for immediate notification and opportunity for visitation in the event of a child's illness or accident, and for each parent to attend and participate in the children's activities and obtain school and activity reports.
The court was required to determine the orders concerning the children's living arrangements, time spent with each parent, and related matters. Specifically, the court needed to establish a framework for shared parental responsibility, define the residential arrangements for the children, and set out detailed provisions for time spent with each parent during school terms, school holidays, and significant annual events such as Christmas and religious observances. The court also had to consider provisions for communication between parents and children, restrictions on denigration, and arrangements for illness, accidents, and participation in children's activities.
The court made orders for Equal Shared Parental Responsibility for all four children. The orders established a detailed schedule for the children X, Y, and Z to live with the mother and father, with specific arrangements for weekdays, alternate weekends, and school holidays, including provisions for odd and even numbered years. Further orders addressed time spent with each parent on Christmas Day, Boxing Day, Christmas Eve, and during specific religious observances. The court also included provisions for Mother's Day, Father's Day, and the children's birthdays, as well as the right for parents to communicate with the children by telephone. Crucially, the court ordered that each parent be restrained from denigrating the other or members of the other's family in the presence of the children and must ensure no other person does so. Provisions were also made for immediate notification and opportunity for visitation in the event of a child's illness or accident, and for each parent to attend and participate in the children's activities and obtain school and activity reports.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Procedural Fairness
Actions
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Citations
LARKINS & LARKINS
[2013] FCCA 2072
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