Lilley and Jasper
Case
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[2019] FamCA 170
•21 March 2019
Details
AGLC
Case
Decision Date
Lilley and Jasper [2019] FamCA 170
[2019] FamCA 170
21 March 2019
CaseChat Overview and Summary
This matter concerned orders made by Rees J regarding the living arrangements and parental responsibility for a child, B, born in 2011. The dispute involved the mother and father of the child, and the court was required to determine the specific terms of their shared parental responsibility and the child's time with each parent.
The court was tasked with establishing a comprehensive schedule for the child's time with both parents, including provisions for school terms and holidays. Key issues included defining the primary residence of the child, the nature of parental responsibility, the practical arrangements for contact transitions, and the duration and frequency of time spent with each parent during school holidays. Furthermore, the court had to address specific circumstances such as the mother's mental health, the involvement of grandparents as supervisors, and communication protocols between the parents regarding the child's well-being and education.
Rees J ordered that the child, B, live with the father and that both parents have equal shared parental responsibility. The orders detailed a specific schedule for the child's time with the mother, including alternating weekends during school terms and progressively longer periods during school holidays, with a clear division of future school holidays. Provisions were made for supervised contact with the mother initially, with a gradual reduction in supervision, and specific protocols were established to manage potential relapses in the mother's mental health, including the suspension of her time with the child and the father assuming sole parental responsibility during such periods. The court also included orders regarding communication, notification of address changes, attendance at school events, and the process for obtaining a passport for the child, along with restraints on taking the child outside of Australia.
The court was tasked with establishing a comprehensive schedule for the child's time with both parents, including provisions for school terms and holidays. Key issues included defining the primary residence of the child, the nature of parental responsibility, the practical arrangements for contact transitions, and the duration and frequency of time spent with each parent during school holidays. Furthermore, the court had to address specific circumstances such as the mother's mental health, the involvement of grandparents as supervisors, and communication protocols between the parents regarding the child's well-being and education.
Rees J ordered that the child, B, live with the father and that both parents have equal shared parental responsibility. The orders detailed a specific schedule for the child's time with the mother, including alternating weekends during school terms and progressively longer periods during school holidays, with a clear division of future school holidays. Provisions were made for supervised contact with the mother initially, with a gradual reduction in supervision, and specific protocols were established to manage potential relapses in the mother's mental health, including the suspension of her time with the child and the father assuming sole parental responsibility during such periods. The court also included orders regarding communication, notification of address changes, attendance at school events, and the process for obtaining a passport for the child, along with restraints on taking the child outside of Australia.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Citations
Lilley and Jasper [2019] FamCA 170
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