Mendiola and Velez-Montana

Case

[2009] FamCA 211

2 February 2009


Details
AGLC Case Decision Date
Mendiola and Velez-Montana [2009] FamCA 211 [2009] FamCA 211 2 February 2009

CaseChat Overview and Summary

In the matter of *Mendiola and Velez-Montana*, heard by Jordan J, the dispute concerned parenting orders for a child born in August 2004. The proceedings involved applications by the parties, and the court was required to determine the future parenting arrangements for the child, including where the child would live, the extent of time the child would spend with each parent, and the allocation of parental responsibility. The court also considered the discharge of previous parenting orders and the appointment of an Independent Children's Lawyer.

Jordan J ordered the discharge of all previous parenting orders. The father was granted sole parental responsibility for the child, and the child was ordered to live with the father. The mother was to spend time with the child at reasonable times as agreed, with specific fortnightly and holiday arrangements detailed, including provisions for school holidays and Christmas Day. The orders also stipulated specific arrangements for Father's Day and Mother's Day, and detailed the responsibilities for changeovers between parents. Further provisions addressed the child's birthday, the birthdays of his sister and parents, and the father's obligation to consult with the mother on major decisions regarding the child's health, education, and extracurricular activities. All extant applications were dismissed, and the appointment of the Independent Children's Lawyer was discharged. The orders also incorporated a fact sheet detailing the obligations, consequences of contravention, and support services available.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Remedies

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