Lipovic and Sorrel
Case
•
[2019] FamCA 38
•1 February 2019
Details
AGLC
Case
Decision Date
Lipovic and Sorrel [2019] FamCA 38
[2019] FamCA 38
1 February 2019
CaseChat Overview and Summary
This matter concerned an application by Mr Lipovic (the applicant father) for orders regarding the time the child, X, would spend with him, and by Ms Sorrel (the respondent mother). The court was required to determine the specific arrangements for the child's time with each parent, including weekends, school holidays, and special occasions, as well as ancillary orders concerning communication, parental conduct, and the child's welfare.
The court's reasoning focused on establishing a practical and child-focused schedule for time spent with each parent. This involved detailing the frequency and duration of the father's time, including provisions for alternate weekends during school terms and specific arrangements for school holidays. The orders also addressed the sensitive issue of parental communication and conduct, imposing restraints on denigration and requiring notification of significant illness or injury. Furthermore, the court mandated specific actions for the father, including the completion of a course, and outlined procedures for the suspension of his time in certain circumstances related to the child spending time with her biological father.
The final orders established a detailed schedule for the child's time with the applicant father, commencing on 16 February 2019. These orders included provisions for alternate weekends, school holidays, and specific arrangements for Christmas and Mother's Day/Father's Day. The court also made orders regarding changeover locations, parental communication, the prohibition of physical punishment, notification of significant events, and access to school and extracurricular information. By consent, the parties were ordered to pay the costs of the Independent Children's Lawyer and outstanding fees for Dr E.
The court's reasoning focused on establishing a practical and child-focused schedule for time spent with each parent. This involved detailing the frequency and duration of the father's time, including provisions for alternate weekends during school terms and specific arrangements for school holidays. The orders also addressed the sensitive issue of parental communication and conduct, imposing restraints on denigration and requiring notification of significant illness or injury. Furthermore, the court mandated specific actions for the father, including the completion of a course, and outlined procedures for the suspension of his time in certain circumstances related to the child spending time with her biological father.
The final orders established a detailed schedule for the child's time with the applicant father, commencing on 16 February 2019. These orders included provisions for alternate weekends, school holidays, and specific arrangements for Christmas and Mother's Day/Father's Day. The court also made orders regarding changeover locations, parental communication, the prohibition of physical punishment, notification of significant events, and access to school and extracurricular information. By consent, the parties were ordered to pay the costs of the Independent Children's Lawyer and outstanding fees for Dr E.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Consent
-
Remedies
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Lipovic and Sorrel [2019] FamCA 38
Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
1
Donnell & Dovey
[2010] FamCAFC 15
Aldridge & Keaton
[2009] FamCAFC 229
Potts & Bims
[2007] FamCA 394