MAYNE & JARVIS
Case
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[2015] FCCA 1406
•27 May 2015
Details
AGLC
Case
Decision Date
Mayne and Jarvis [2015] FCCA 1406
[2015] FCCA 1406
27 May 2015
CaseChat Overview and Summary
This matter concerned orders made by Judge Hartnett regarding the time and communication between a child, [X], and his father. The dispute centred on the specific arrangements for the child's time with the father, including telephone contact, regular weekly periods, holiday periods, and arrangements around significant dates.
The court was required to determine the precise terms of the father's time with the child, encompassing daily, weekly, and annual arrangements. This included specifying the frequency, duration, and conditions of contact, such as the provision of the father's work roster and notice periods for the mother's selection of time. The court also had to address provisions for changeovers, communication regarding the child's health and education, and restrictions on discussing court proceedings or denigrating the other parent in the child's presence.
Judge Hartnett made detailed orders outlining the father's time with the child, commencing with specific telephone contact and weekly periods. These orders were structured to evolve over time, with provisions for increased time and altered arrangements as the child grew and commenced kindergarten and school. The orders also included specific arrangements for Christmas and birthdays, and a mechanism for the parties to agree on future arrangements from 2017 onwards, with liberty to apply for interim orders if agreement was not reached. The court also stipulated conditions for changeovers, notification of illness or injury, and access to educational information, along with a mutual restraint on discussing proceedings or denigrating the other party in the child's presence.
The court was required to determine the precise terms of the father's time with the child, encompassing daily, weekly, and annual arrangements. This included specifying the frequency, duration, and conditions of contact, such as the provision of the father's work roster and notice periods for the mother's selection of time. The court also had to address provisions for changeovers, communication regarding the child's health and education, and restrictions on discussing court proceedings or denigrating the other parent in the child's presence.
Judge Hartnett made detailed orders outlining the father's time with the child, commencing with specific telephone contact and weekly periods. These orders were structured to evolve over time, with provisions for increased time and altered arrangements as the child grew and commenced kindergarten and school. The orders also included specific arrangements for Christmas and birthdays, and a mechanism for the parties to agree on future arrangements from 2017 onwards, with liberty to apply for interim orders if agreement was not reached. The court also stipulated conditions for changeovers, notification of illness or injury, and access to educational information, along with a mutual restraint on discussing proceedings or denigrating the other party in the child's presence.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Remedies
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Procedural Fairness
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Citations
Mayne and Jarvis [2015] FCCA 1406
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Statutory Material Cited
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