McCarthy and Lambert and Anor
Case
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[2016] FCCA 641
•24 March 2016
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AGLC
Case
Decision Date
McCarthy and Lambert and Anor [2016] FCCA 641
[2016] FCCA 641
24 March 2016
CaseChat Overview and Summary
In *McCarthy and Lambert and Anor*, heard before Judge Harland, the dispute concerned parenting orders for two children, X and Y. The applicant, Ms McCarthy, sought specific arrangements for spending time with the children, while the respondents, Mr Lambert (the father) and Ms H (the maternal grandmother), were also involved in the proceedings.
The court was required to determine the nature of parental responsibility for the children and to establish a schedule for Ms McCarthy to spend time with them. Additionally, the court needed to address the role of the maternal grandmother in the children's lives during specific periods and to make final orders regarding all outstanding applications.
Judge Harland ordered that the mother and father share equal parental responsibility for the children. Ms McCarthy was granted specific, limited time with the children, to occur on the last Sunday of March, June, and October each year, between 10:00 am and 4:00 pm. The location for handovers was to be agreed upon by the parties, or failing agreement, nominated by the mother. The court also stipulated that until the younger child, Y, turned seven years old, the maternal grandmother, Ms H, was to be substantially in attendance during Ms McCarthy's visits, provided she was available, though the visits were to proceed even if Ms H was unavailable. All other extant applications were dismissed.
The court was required to determine the nature of parental responsibility for the children and to establish a schedule for Ms McCarthy to spend time with them. Additionally, the court needed to address the role of the maternal grandmother in the children's lives during specific periods and to make final orders regarding all outstanding applications.
Judge Harland ordered that the mother and father share equal parental responsibility for the children. Ms McCarthy was granted specific, limited time with the children, to occur on the last Sunday of March, June, and October each year, between 10:00 am and 4:00 pm. The location for handovers was to be agreed upon by the parties, or failing agreement, nominated by the mother. The court also stipulated that until the younger child, Y, turned seven years old, the maternal grandmother, Ms H, was to be substantially in attendance during Ms McCarthy's visits, provided she was available, though the visits were to proceed even if Ms H was unavailable. All other extant applications were dismissed.
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Areas of Law
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Family Law
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