MATHIESON & MAYBERRY

Case

[2019] FCCA 1700

21 June 2019


Details
AGLC Case Decision Date
Mathieson and Mayberry [2019] FCCA 1700 [2019] FCCA 1700 21 June 2019

CaseChat Overview and Summary

In the matter of Mathieson & Mayberry, Judge Hughes considered parenting arrangements for three children, [X], [Y], and [Z]. The dispute involved the father's resistance to spending time with the 12-year-old child, [Z], and allegations of parental alienation.

The court was required to determine the most appropriate parenting orders for the children, specifically addressing the living arrangements and time spent with each parent, taking into account the expressed wishes and resistance of the 12-year-old child, [Z], and the allegations of parental alienation.

Judge Hughes discharged all previous orders and established new arrangements. Equal shared parental responsibility was ordered for all three children. [X] and [Y] were to live with their parents on a fortnight about basis. However, [Z] was ordered to live with her mother, with specific provisions for her to spend time with her father at least twice a month, for at least two hours each time, with additional time on Christmas Day and the father's birthday, unless otherwise agreed. The court also made detailed orders regarding the parents' obligations to support the children's relationships with each other, to refrain from denigrating the other parent, and to share information from medical practitioners and schools. Neither parent was permitted to discuss the proceedings with the children, except to explain the parenting arrangements.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Res Judicata

  • Remedies

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