McMurphy and McMurphy

Case

[2019] FamCA 947

11 December 2019


Details
AGLC Case Decision Date
McMurphy and McMurphy [2019] FamCA 947 [2019] FamCA 947 11 December 2019

CaseChat Overview and Summary

This matter concerned parenting orders sought by the father and mother in relation to their two children, X and Y. The court was required to determine the appropriate parenting arrangements for the children, including issues of parental responsibility, living arrangements, and time spent with each parent.

The primary legal issues before the court were the allocation of parental responsibility, the specific living arrangements for each child, and the schedule for time spent between the children and each parent. The court also had to consider provisions for communication between parents and children, as well as practical arrangements concerning schooling, medical care, and medication.

Williams J ordered that all previous parenting orders be discharged. The father was granted sole parental responsibility for both children, with a requirement to notify the mother via email within 48 hours of making any major long-term decision. The mother was granted liberty to consult with the children's treating practitioners and educational institutions, though professionals were not required to act on her communications. Specific living arrangements and time schedules were detailed for both X and Y, with provisions for holidays, special occasions, and communication. The court also made orders regarding the facilitation of communication, attendance at school events, medical care, medication storage, and a prohibition against denigrating the other parent in the presence of the children. The appointment of the Independent Children's Lawyer was discharged, subject to appeal.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

1

Bell & Nahos [2016] FamCAFC 244
Whisprun Pty Ltd v Dixon [2003] HCA 48
Whisprun Pty Ltd v Dixon [2003] HCA 48