MCCUNE & THEISSEN

Case

[2019] FCCA 1805

28 June 2019


Details
AGLC Case Decision Date
McCune and Theissen [2019] FCCA 1805 [2019] FCCA 1805 28 June 2019

CaseChat Overview and Summary

In this matter before Judge Blake, the court considered parenting arrangements for two children, [Y] and [X]. The dispute involved allegations of family violence, mental health concerns regarding the adolescent child, and a lack of communication between the parents. One parent sought a week-about arrangement, but the court ultimately made orders for substantial and significant time for both parents.

The court was required to determine the most appropriate parenting orders for the children, taking into account the existing family dynamics and the specific concerns raised by the parties. This included assessing the level of time each parent should spend with the children, the nature of their communication, and the responsibilities each parent would have concerning the children's welfare, education, and health.

Judge Blake ordered equal shared parental responsibility and that the children live with the Mother. The Father was granted significant time with the children, including alternate weekends, Thursday evenings, and specific provisions for birthdays and school holidays, with detailed arrangements for changeovers and communication. The court also made orders regarding the parents' involvement at the children's school, the sharing of information about the children's health and education, and the continuation of therapy and assessments for the children and the Father. Furthermore, the court imposed injunctions restraining the parents from discussing the proceedings with the children, denigrating the other parent, and using physical force for discipline. The Father was also restrained from bathing the children or sharing a bed with them.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

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