Lavery and Dunbar

Case

[2017] FCCA 1465

4 July 2017


Details
AGLC Case Decision Date
Lavery and Dunbar [2017] FCCA 1465 [2017] FCCA 1465 4 July 2017

CaseChat Overview and Summary

In the matter of Lavery and Dunbar, Judge Newbrun considered parenting orders concerning the child X. The dispute involved the arrangements for the child's residence, time spent with each parent, and various other aspects of their upbringing and care.

The court was required to determine the specific orders regarding equal shared parental responsibility, the child's living arrangements, and the detailed schedule for the child's time with each parent. Further issues included provisions for communication between parents and the child, the exchange of information, restrictions on parental conduct, and arrangements for the child's schooling, extracurricular activities, and international travel.

Judge Newbrun discharged all prior parenting orders and made new orders by consent. These orders established equal shared parental responsibility, with the child to live with the Mother. The father was granted specific time with the child on a two-week cycle, including weekends, mid-week time, and extended periods during school holidays and public holidays. The orders also detailed arrangements for birthdays, Christmas, and Father's Day, as well as provisions for changeovers, communication, information sharing, and prohibitions against denigration and substance abuse. Specific clauses addressed the child's schooling, medical emergencies, extracurricular activities, and international travel, with a further order by consent restraining corporal punishment and contact with a specific individual.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Procedural Fairness

  • Remedies

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