McBerry and Coates
Case
•
[2007] FamCA 1038
•26 June 2007
Details
AGLC
Case
Decision Date
McBerry and Coates [2007] FamCA 1038
[2007] FamCA 1038
26 June 2007
CaseChat Overview and Summary
This matter concerned orders made by consent between the mother, McBerry, and the father, Coates, regarding their two children. The dispute centred on arrangements for the children's living arrangements, parental responsibility, and time spent with each parent.
The court was required to determine the specific terms of the consent orders concerning the children's residence, the allocation of parental responsibility, and the detailed schedule for the children spending time with each parent. Further issues included provisions for communication between the parents, access to information about the children's schooling and health, and specific restrictions on parental conduct and contact with third parties.
The court made orders by consent, reflecting the agreement of the parties. These orders established that the children would live with the mother and that the parents would share equal parental responsibility. The orders detailed a complex schedule for the children's time with the father, including alternating weekends, mid-week overnight stays, and specific arrangements for school holidays and public holidays. Provisions were also made for telephone contact, the use of a communication book, and the requirement for each parent to obtain an EpiPen for the older child's allergies. Crucially, the orders included specific restrictions on the mother to avoid contact between the children and Mr N, and restrained the father from displaying certain signs in public or in the presence of the children. The court also noted that particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet, which formed part of the orders.
The court was required to determine the specific terms of the consent orders concerning the children's residence, the allocation of parental responsibility, and the detailed schedule for the children spending time with each parent. Further issues included provisions for communication between the parents, access to information about the children's schooling and health, and specific restrictions on parental conduct and contact with third parties.
The court made orders by consent, reflecting the agreement of the parties. These orders established that the children would live with the mother and that the parents would share equal parental responsibility. The orders detailed a complex schedule for the children's time with the father, including alternating weekends, mid-week overnight stays, and specific arrangements for school holidays and public holidays. Provisions were also made for telephone contact, the use of a communication book, and the requirement for each parent to obtain an EpiPen for the older child's allergies. Crucially, the orders included specific restrictions on the mother to avoid contact between the children and Mr N, and restrained the father from displaying certain signs in public or in the presence of the children. The court also noted that particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet, which formed part of the orders.
Details
Key Legal Topics
Areas of Law
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Family Law
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Contract Law
Legal Concepts
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Consent
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Offer and Acceptance
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Remedies
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Injunction
Actions
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Citations
McBerry and Coates [2007] FamCA 1038
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