MIRA & CARROLL

Case

[2018] FamCA 519

9 January 2018


Details
AGLC Case Decision Date
MIRA & CARROLL [2018] FamCA 519 [2018] FamCA 519 9 January 2018

CaseChat Overview and Summary

This matter concerned parenting orders made by consent between the father, Mr Carroll, and the mother, Ms Mira, regarding their two children, X and Y. The orders addressed issues of parental responsibility, living arrangements, time spent with each parent, and decision-making concerning the children's welfare and education.

The court was required to determine the terms of consent orders that would govern the parental responsibilities and arrangements for the children. Specifically, the orders addressed how major medical decisions would be made, the process for changing school enrolment, the children's living arrangements, and the specific times each parent would spend with the children, including during school holidays and special occasions. The court also needed to consider provisions for therapeutic counselling for the children and parents, as well as arrangements for international travel and communication between parents.

The court, by consent of the parties, made detailed orders discharging previous parenting orders and establishing equal shared parental responsibility. The children were ordered to live with the mother, with specific time arrangements for the father to spend with each child. The orders outlined a framework for joint decision-making on medical and educational matters, with provisions for dispute resolution. Notably, the mother was authorised to apply for and receive renewed passports for the children, notwithstanding the father's consent not being obtained, with specific conditions regarding the father's access to the passports for international travel. The court also directed that a Fact Sheet detailing the obligations and consequences of contravening the orders be included.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Costs

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