Larsen and Geary

Case

[2018] FCCA 340

21 February 2018


Details
AGLC Case Decision Date
Larsen and Geary [2018] FCCA 340 [2018] FCCA 340 21 February 2018

CaseChat Overview and Summary

This matter concerned parenting orders for two children, [X] and [Y], born in 2002 and 2004 respectively. The proceedings were before Judge Lapthorn.

The court was required to determine the parental responsibility for the children's long-term welfare and development, where the children would live, and the nature and extent of the father's time with the children. Additionally, the court needed to establish communication protocols between the parents and concerning the children's medical and educational information.

The court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for major long-term issues concerning the children. The children were ordered to live with the mother, who would have parental responsibility for decisions concerning their daily care. The father was to be kept informed by email of significant decisions regarding the children's care, welfare, and development, and his views were to be considered prior to any such decision being made. Unless an emergency, the mother was to provide details of proposed decisions at least 14 days in advance, with the father to respond within 14 days. The children were to spend three days during each school holiday period with the father, with changeovers at 12:00 noon unless otherwise agreed. The children were also permitted to communicate with both parents by telephone at reasonable times, and each parent was to facilitate such communication. The court also made orders regarding the notification of addresses and telephone numbers, emergency notifications, and the release of information from the children's doctors and schools to both parents. Finally, both parents were ordered to respect each other's privacy, speak respectfully of the other parent and their families, and not denigrate the other parent in the presence or hearing of the children. The Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

4

Godfrey & Sanders [2007] FamCA 102
MRR v GR [2010] HCA 4