Markey and Addens (No 2)

Case

[2017] FamCA 596

17 July 2017


Details
AGLC Case Decision Date
Markey and Addens (No 2) [2017] FamCA 596 [2017] FamCA 596 17 July 2017

CaseChat Overview and Summary

In the matter of Markey and Addens (No 2), Gill J of the Family Court of Australia was required to determine parenting orders concerning the child B. The dispute involved the arrangements for the child's living arrangements, schooling, and general welfare, as well as ancillary matters including the transfer of artwork and the resolution of property disputes.

The court was tasked with establishing orders for equal shared parental responsibility, outlining a detailed week-about living arrangement during school terms and a shared arrangement during school holidays. Key issues included the child's schooling at Suburb C Public School and subsequent enrolment at Suburb D High School, arrangements for psychological and medical care, and the management of extra-curricular activities. The court also needed to address communication protocols between the parents regarding the child's health and schooling, as well as provisions for overseas travel and the handling of the child's passport. Further matters for determination included restrictions on parental conduct in the child's presence, substance use, and the transfer of specific artworks from the Father to the Mother.

Gill J made comprehensive orders discharging previous arrangements and establishing a new framework for shared parental responsibility. The orders detailed a specific schedule for the child living with each parent, including provisions for school terms, holidays, and specific weekends. The court mandated the continuation of the child's enrolment at Suburb C Public School and enrolment at Suburb D High School, with provisions for potential entrance examinations at selective schools. Orders were also made for the child to attend psychological counselling and for both parents to share information regarding the child's schooling and health. Restrictions were placed on enrolling the child in new extra-curricular activities without consent, and specific protocols were established for overseas travel and passport management. The court also ordered the Father to transfer specified artworks to the Mother and noted the Father's intention to continue paying educational expenses and half of the Mother's dental expenses, with the parties hoping to formalise this in a Child Support Agreement. Provisions were made for a Registrar to sign documents if a party failed to do so, and the property dispute was reserved for a future date.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

  • Res Judicata

  • Statutory Construction

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