Lively and Caylor and Anor

Case

[2011] FamCA 593

29 July 2011


Details
AGLC Case Decision Date
Lively and Caylor and Anor [2011] FamCA 593 [2011] FamCA 593 29 July 2011

CaseChat Overview and Summary

In *Lively and Caylor*, Johnston J made parenting orders concerning the children T and C. The proceedings involved Ms Lively, the children's mother, and Mr Caylor, the children's father. The specific nature of the dispute leading to these orders is not detailed, but the orders themselves address parental responsibility, living arrangements, time spent with each parent, and specific issues relating to the children's welfare and communication between the parents.

The court was required to determine the appropriate parenting arrangements for the children, including who would have parental responsibility for long-term decisions, where the children would live, and the extent of time and communication they would have with each parent. Additionally, the court addressed specific issues such as the mother's partner's contact with the children, the exchange of residential addresses, notification of illness or medical emergencies, and the provision of school reports. The continuation of the Independent Children's Lawyer's appointment was also a matter for the court.

Johnston J ordered that Ms Lively have sole parental responsibility for all major long-term issues concerning the children, subject to a process of consultation with the other parent before any ultimate decision is made. This process requires Ms Lively to advise both parents in writing of her intended decision, seek their written response, consider those responses in light of the children's best interests, and then advise them in writing of her final decision. The children were ordered to live with Ms Lively. Arrangements for the children to spend time with and communicate with both parents were to be agreed between the parties and the Independent Children's Lawyer, with liberty to relist for further submissions if a consent order was not reached by a specified date. The mother was restrained from permitting her partner, Mr Clark, from being present with the children during any contact time. Further orders mandated the exchange of residential addresses, notification of illness or medical emergencies, and the provision of school reports to both parents. The Independent Children's Lawyer's appointment was continued for twelve months.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

1

Sayer v Radcliffe [2012] FamCAFC 209