LENEHAN & LENEHAN
Case
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[2020] FCCA 3621
•22 December 2020
Details
AGLC
Case
Decision Date
LENEHAN & LENEHAN [2020] FCCA 3621
[2020] FCCA 3621
22 December 2020
CaseChat Overview and Summary
This matter concerned parenting orders for two children, X and Y, born in 2012 and 2017 respectively. The proceedings were before Purdon-Sully J. The court was required to determine the arrangements for the children's parental responsibility, living arrangements, time spent with each parent, school holidays, birthdays, communication, education, and overseas travel.
The court was asked to determine the extent of equal shared parental responsibility, the specific living arrangements for the children, and the detailed arrangements for the children to spend time with each parent, including during school holidays and on special occasions. Further issues included provisions for communication between parents and children, the children's education, parental conduct, and the process for future dispute resolution and overseas travel.
Purdon-Sully J made final orders discharging previous arrangements and establishing new parenting orders. These orders provided for equal shared parental responsibility in relation to major long-term issues, with specific examples of such issues listed. The children were ordered to live with the Mother and remain within a specified region in Queensland, with the Father to have defined periods of time with the children, including during school holidays and on specific days such as Father's Day and Mother's Day. The orders also detailed arrangements for children's birthdays, telephone and video communication, changeovers, and the children's schooling. Provisions were made for parental conduct, including respecting privacy and speaking respectfully of the other parent, and for the use of online communication tools for parental communication. The court also made orders regarding overseas travel, requiring notice and adherence to the Hague Convention, and mandated the engagement of a Parenting Coordinator and Family Dispute Resolution before further court proceedings.
The court was asked to determine the extent of equal shared parental responsibility, the specific living arrangements for the children, and the detailed arrangements for the children to spend time with each parent, including during school holidays and on special occasions. Further issues included provisions for communication between parents and children, the children's education, parental conduct, and the process for future dispute resolution and overseas travel.
Purdon-Sully J made final orders discharging previous arrangements and establishing new parenting orders. These orders provided for equal shared parental responsibility in relation to major long-term issues, with specific examples of such issues listed. The children were ordered to live with the Mother and remain within a specified region in Queensland, with the Father to have defined periods of time with the children, including during school holidays and on specific days such as Father's Day and Mother's Day. The orders also detailed arrangements for children's birthdays, telephone and video communication, changeovers, and the children's schooling. Provisions were made for parental conduct, including respecting privacy and speaking respectfully of the other parent, and for the use of online communication tools for parental communication. The court also made orders regarding overseas travel, requiring notice and adherence to the Hague Convention, and mandated the engagement of a Parenting Coordinator and Family Dispute Resolution before further court proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Costs
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Citations
LENEHAN & LENEHAN [2020] FCCA 3621
Cases Citing This Decision
0
Cases Cited
11
Statutory Material Cited
2
MRR v GR
[2010] HCA 4
Sayer v Radcliffe
[2012] FamCAFC 209
Palmer & Hammer (No.2)
[2011] FamCAFC 196