Mann and Irving

Case

[2017] FCCA 573

27 March 2017


Details
AGLC Case Decision Date
Mann and Irving [2017] FCCA 573 [2017] FCCA 573 27 March 2017

CaseChat Overview and Summary

This matter concerned the parenting arrangements for three children, X, Y, and Z, involving their parents. The court was required to determine the specific orders regarding parental responsibility, living arrangements, and time spent with each parent, as well as address issues of communication, schooling, and extracurricular activities.

The court was tasked with determining the extent of equal shared parental responsibility, the primary residence of the children, and the detailed schedule for the father's time with the children, including during school terms, holidays, and special occasions. Further issues for determination included arrangements for the children's schooling, participation in extracurricular activities, communication protocols between the parents, and prohibitions against denigration. The court also considered the need for intervention programs for the parents and the allocation of costs.

In its decision, the court ordered equal shared parental responsibility for the children, with the children to live with the mother. A comprehensive schedule was established for the father's time with the children, detailing alternate weekends, specific weekdays, and half of each school holiday period, with provisions for various special days and events. The court also made detailed orders concerning the children's schooling, ensuring the father's involvement, and established communication protocols via email for parental responsibility matters and text messages for day-to-day issues. Prohibitions were placed on denigrating the other parent. The court further ordered both parents to participate in a Post Orders Intervention Pilot program and the father to attend an 'Managing Anger' program, pursuant to section 13C of the *Family Law Act 1975*. Finally, the court ordered the father to pay costs to the mother and the Independent Children's Lawyer, and the mother to pay costs to the Independent Children's Lawyer.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Starr & Duggan [2009] FamCAFC 115
Janssen & Janssen (No.2) [2016] FamCA 796