Monash and Monash
Case
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[2019] FamCA 372
•12 June 2019
Details
AGLC
Case
Decision Date
Monash and Monash [2019] FamCA 372
[2019] FamCA 372
12 June 2019
CaseChat Overview and Summary
In the matter of *Monash and Monash*, Baumann J of the Federal Circuit Court of Australia made orders concerning parenting arrangements for two children, X and Y. The dispute centred on the parental responsibility and living arrangements for the children, with the court ultimately determining the future care and contact arrangements.
The court was required to determine the extent of parental responsibility for major long-term issues, where the children would live, and the specific arrangements for the children to spend time and communicate with each parent. Additionally, the court addressed provisions for school holidays, special occasions, changeovers, and the general conduct expected of each parent in relation to the children and each other, including information sharing regarding the children's health and education.
Baumann J ordered that the mother have sole parental responsibility for all major long-term issues, subject to specific procedural requirements for consultation with the father. The children were ordered to live with the mother, with detailed provisions outlining the father's time with the children, including progressively increasing periods of overnight stays and alternate weekend contact. The orders also established communication protocols, holiday arrangements, and specific provisions for special occasions like birthdays and Christmas. Furthermore, the court mandated respectful communication between parents regarding each other and the children, and established procedures for information sharing about the children's health, education, and welfare. The Independent Children's Lawyer was discharged.
The court was required to determine the extent of parental responsibility for major long-term issues, where the children would live, and the specific arrangements for the children to spend time and communicate with each parent. Additionally, the court addressed provisions for school holidays, special occasions, changeovers, and the general conduct expected of each parent in relation to the children and each other, including information sharing regarding the children's health and education.
Baumann J ordered that the mother have sole parental responsibility for all major long-term issues, subject to specific procedural requirements for consultation with the father. The children were ordered to live with the mother, with detailed provisions outlining the father's time with the children, including progressively increasing periods of overnight stays and alternate weekend contact. The orders also established communication protocols, holiday arrangements, and specific provisions for special occasions like birthdays and Christmas. Furthermore, the court mandated respectful communication between parents regarding each other and the children, and established procedures for information sharing about the children's health, education, and welfare. The Independent Children's Lawyer was discharged.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Procedural Fairness
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Remedies
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Citations
Monash and Monash [2019] FamCA 372
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
1
Stott & Holgar
[2017] FamCAFC 152
M v M
[1988] HCA 68
Amador & Amador
[2009] FamCAFC 196