Larson and Sachs and Anor

Case

[2018] FCCA 31

12 January 2018


Details
AGLC Case Decision Date
Larson and Sachs and Anor [2018] FCCA 31 [2018] FCCA 31 12 January 2018

CaseChat Overview and Summary

This matter concerned parenting orders for four children, [X], [Y], [Z], and [V], born in 2006, 2008, 2010, and 2012 respectively. The proceedings were before Judge Obradovic. The dispute revolved around the primary care of the children and the terms of their time with each parent, including provisions for relocation and communication.

The court was required to determine the primary residence of the children, who would have sole parental responsibility, and the specific arrangements for the children to spend time with each parent. Further issues included the father's ability to relocate the children, the mother's communication rights regarding major decisions, and injunctions relating to the parties' conduct and the children's exposure to alcohol and illegal substances. The court also had to consider provisions for the children to spend time with the maternal grandmother and the exchange of information between the parents regarding the children's schooling and medical care.

Judge Obradovic discharged all prior parenting orders and made new orders. The children were to live with the father, who was granted sole parental responsibility. The father was permitted to relocate the children to a specified area and was ordered to notify the mother in writing of his intention to make any major decisions concerning the children. Specific, detailed arrangements were set out for the children to spend time with the mother during school terms and holidays, with provisions for changeovers at police stations. The court also imposed injunctions restraining both parents from excessive alcohol consumption or use of illegal substances while the children were in their care, and from publishing derogatory material about each other or making derogatory remarks in the children's presence. The father was ordered to facilitate the mother's access to school and medical information concerning the children. In the event the mother did not spend time with the children, that time was to be spent with the maternal grandmother, Ms Sanderson, under agreed terms.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Slater & Light [2011] FamCAFC 1
Mazorski & Albright [2007] FamCA 520
Salah & Salah [2016] FamCAFC 100