Mackie and Frobisher

Case

[2012] FamCA 41

16 January 2012


Details
AGLC Case Decision Date
Mackie and Frobisher [2012] FamCA 41 [2012] FamCA 41 16 January 2012

CaseChat Overview and Summary

In *Mackie and Frobisher*, heard by Cronin J, the dispute concerned parenting arrangements for the child of the relationship between the father and the mother. The court was required to determine the nature of parental responsibility and the specific living arrangements and time spent with each parent for the child.

The court's reasoning led to orders establishing equal shared parental responsibility for the child. All previous parenting orders were discharged. The child was ordered to live with the mother, subject to a detailed schedule of time spent with the father, which evolved over distinct periods from the date of the orders until April 2014 and thereafter. This schedule included specific weekend and weekday arrangements, as well as provisions for school holidays and long summer holidays, with increasing periods of time with the father as the child progressed through school.

Further orders addressed handovers, specifying a location and the entitlement for agents to attend. Provisions were made for the child to spend time with the father on Christmas Day in alternate years and with the mother on Christmas Eve in alternate years. Both parents were also to spend time with the child on Father's Day and Mother's Day respectively. The court noted that no specific orders were made regarding birthdays, with the expectation that the parties, having equal shared parental responsibility, would make appropriate arrangements. The Independent Children's Lawyer was discharged from the proceedings.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Hudson and Hudson [2008] FamCA 136