Madden and Callanan
Case
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[2020] FamCA 28
•24 January 2020
Details
AGLC
Case
Decision Date
Madden and Callanan [2020] FamCA 28
[2020] FamCA 28
24 January 2020
CaseChat Overview and Summary
In the matter of Madden and Callanan, Henderson J considered parenting orders concerning two children, X and Y. The dispute involved the arrangements for the children's residence, time spent with each parent, and related matters.
The court was required to determine the primary issues of parental responsibility, the children's living arrangements, and the specific time each parent would spend with the children. Additionally, the court addressed issues concerning communication between parents, the children's involvement with health professionals and therapists, and arrangements for overseas travel.
Henderson J made extensive orders, discharging previous parenting orders and granting the father sole parental responsibility for X and Y. The children were ordered to live with the father, with specific, progressively increasing periods of time allocated for the mother. The orders also detailed arrangements for school holidays and Christmas, including provisions for communication, the children's education, and their participation in therapy. Crucially, the court imposed significant restrictions on the mother's ability to arrange medical or therapeutic appointments for the children without the father's written consent, with specific exceptions. The orders also included detailed protocols for overseas travel and the issuance of travel documents, and restrained both parents from denigrating each other or discussing court proceedings with the children. The Independent Children's Lawyer's appointment was discharged, subject to any obligations under the new orders and pending any appeal.
The court was required to determine the primary issues of parental responsibility, the children's living arrangements, and the specific time each parent would spend with the children. Additionally, the court addressed issues concerning communication between parents, the children's involvement with health professionals and therapists, and arrangements for overseas travel.
Henderson J made extensive orders, discharging previous parenting orders and granting the father sole parental responsibility for X and Y. The children were ordered to live with the father, with specific, progressively increasing periods of time allocated for the mother. The orders also detailed arrangements for school holidays and Christmas, including provisions for communication, the children's education, and their participation in therapy. Crucially, the court imposed significant restrictions on the mother's ability to arrange medical or therapeutic appointments for the children without the father's written consent, with specific exceptions. The orders also included detailed protocols for overseas travel and the issuance of travel documents, and restrained both parents from denigrating each other or discussing court proceedings with the children. The Independent Children's Lawyer's appointment was discharged, subject to any obligations under the new orders and pending any appeal.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Appeal
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Consent
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Remedies
Actions
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Citations
Madden and Callanan [2020] FamCA 28
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
1
M v M
[1988] HCA 68
Massey and Wilenski
[2019] FamCA 657
WOLLEMAN & WOLLEMAN
[2019] FamCAFC 107