McKellar and Roper

Case

[2018] FCCA 2019

27 July 2018


Details
AGLC Case Decision Date
McKellar and Roper [2018] FCCA 2019 [2018] FCCA 2019 27 July 2018

CaseChat Overview and Summary

This matter concerned parenting orders for a child born in 2013, with the court being asked to determine the future arrangements for the child's care and time with each parent. The specific dispute involved the mother and father seeking to establish new orders regarding their parental responsibilities and the child's living arrangements and time spent with each parent.

The court was required to determine the extent of equal shared parental responsibility for major long-term decisions, the primary residence of the child, and the specific schedule for the child's time with the father, including during school terms, holidays, and special occasions. Additionally, the court needed to address practical arrangements for changeovers, the exchange of information regarding the child's schooling and health, and to consider injunctive relief to protect the child from parental conflict.

In its determination, the court discharged all previous parenting orders. It ordered that the parties have equal shared parental responsibility for major long-term decisions concerning the child. The child was ordered to live with the mother, and detailed provisions were made for the child's time with the father, encompassing alternate weekends, mid-week time, school holidays, and specific arrangements for Christmas, Easter, and birthdays. The orders also stipulated changeover locations, the mother's obligation to facilitate the father's access to school and medical information, and mutual obligations regarding the child's health. Finally, the court issued injunctions restraining both parties from denigrating the other or discussing the proceedings in the child's presence, and from allowing the child to read the court's reasons for judgment.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Mazorski & Albright [2007] FamCA 520
Tait & Densmore [2007] FamCA 1383