Massey and Wilenski

Case

[2019] FamCA 657

13 September 2019


Details
AGLC Case Decision Date
Massey and Wilenski [2019] FamCA 657 [2019] FamCA 657 13 September 2019

CaseChat Overview and Summary

This matter came before Johns J concerning parenting orders for a child born in 2010. The dispute involved the father and mother, with the court ultimately making orders regarding the child's living arrangements, time spent with each parent, and parental responsibilities.

The court was required to determine the primary caregiver for the child, the extent of each parent's involvement in decision-making, and the specific arrangements for the child's time with each parent. Additionally, the court addressed the need for therapeutic intervention for the mother and assessment of the child's needs by a paediatrician.

Johns J ordered that the father have sole parental responsibility for the child, with specific provisions for the father to keep the mother informed and seek her input on significant long-term decisions. The child was ordered to live with the father, and detailed arrangements were made for the child's time with the mother, which were conditional upon supervised contact and changeovers, and the mother's engagement with a psychologist. The father was also directed to engage a paediatrician for assessment. The court also made orders regarding communication, the exchange of information, and a restraint on denigrating the other parent. Injunctions were also made against the mother regarding communication with and removal of the child, and attendance upon a specific individual.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

  • Consent

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Cases Citing This Decision

1

Madden and Callanan [2020] FamCA 28
Cases Cited

2

Statutory Material Cited

2

M v M [1988] HCA 68
Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 34