Lott & Graham & Anor

Case

[2013] FamCA 389

31 May 2013


Details
AGLC Case Decision Date
LOTT & GRAHAM AND ANOR [2013] FamCA 389 [2013] FamCA 389 31 May 2013

CaseChat Overview and Summary

In the matter of *Lott & Graham & Anor*, Fowler J considered an application concerning the parenting arrangements for two children, C and B. The dispute involved the father, Mr Lott, and the stepfather, Mr Graham, and the mother, Ms Graham.

The court was required to determine the appropriate orders regarding parental responsibility, the children's residence, and the extent of the father's contact with the children. This included considering the father's ability to communicate with and receive information about the children, as well as obligations on all parties to refrain from denigrating each other in the children's presence and to discuss the proceedings with the children only in neutral terms.

Fowler J discharged all previous orders concerning the children's parenting. The court ordered that the mother and stepfather would have sole equal shared parental responsibility for the children, and that the children would live with them. The father was prohibited from spending time with the children, save for limited written contact on their birthdays, Father's Day, and at Christmas, which could include presents. The mother and stepfather were directed to facilitate this communication, provide the father with the children's contact details and school information, supply him with school reports and a four-monthly report on significant events, and inform him of any serious health issues. Crucially, the mother and stepfather were ordered not to do anything that would deny the children the fact that the father is their father. All parties were also ordered not to denigrate each other in the children's presence. The father was also ordered to assist in obtaining passports for the children, which would be held by the mother and stepfather.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Remedies

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