Masterson and Braxton

Case

[2019] FamCA 387

19 June 2019


Details
AGLC Case Decision Date
Masterson and Braxton [2019] FamCA 387 [2019] FamCA 387 19 June 2019

CaseChat Overview and Summary

In *Masterson and Braxton*, heard by Cleary J, the dispute concerned parenting orders for two children, X and Y. The father sought sole parental responsibility and orders for the children to live with him, with specific arrangements for the children to spend time with the mother.

The court was required to determine the most appropriate parenting arrangements for the children, considering the welfare and best interests of X and Y. This involved assessing the level of parental responsibility each parent should have, where the children should live, and the nature and extent of the time the children would spend with the mother. The court also needed to consider the specific needs of X, including a referral for psychiatric assessment.

Cleary J discharged all prior orders and made new orders granting the father sole parental responsibility. The children were ordered to live with the father. The mother was to have time with the children on alternate weekends during school terms, with an extension if Monday was a public holiday, and for half of each school holiday period, alternating between even and odd years. The father was also ordered to obtain a referral for X to a child psychiatrist for assessment and potential treatment, with provisions for both parents to attend consultations and for the father to share information with the mother. The father was permitted to provide a specific expert report and the court orders to any treating practitioner.
Details

Areas of Law

  • Family Law

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