MOSES & DOWNING

Case

[2009] FamCA 1270

23 December 2009


Details
AGLC Case Decision Date
MOSES & DOWNING [2009] FamCA 1270 [2009] FamCA 1270 23 December 2009

CaseChat Overview and Summary

The case of Moses & Downing involved a dispute between the father and mother concerning parental responsibility and the living arrangements for their child, B. The matter came before O'Reilly J.

The court was required to determine the extent of parental responsibility to be afforded to each parent, particularly in relation to major long-term issues concerning the child. Additionally, the court needed to establish specific orders regarding the child's living arrangements during school terms and holidays, as well as arrangements for special days and communication between the parties.

O'Reilly J made orders that the father would have sole parental responsibility for the child, B. However, this was qualified by a requirement that the father must consult with the mother in writing regarding major long-term issues, including education, health, and significant changes to living arrangements. The court also detailed specific arrangements for the child to spend time with the mother during school terms and holidays, including provisions for special days such as birthdays and Christmas. Further orders addressed communication protocols between the parties, including the use of email and text messages, and the exchange of essential information. The court also included provisions regarding non-denigration, the prohibition of discussing adult issues with the child, and prohibitions on physical discipline and drink driving with the child.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

Actions
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Most Recent Citation
Kavanagh and Cobb [2018] FCCA 971

Cases Citing This Decision

4

Kavanagh and Cobb [2018] FCCA 971
Kavanagh and Cobb [2018] FCCA 971
Norton and Norton (No.2) [2018] FCCA 53
Cases Cited

4

Statutory Material Cited

1

Korban & Korban [2009] FamCAFC 143
MRR v GR [2009] HCATrans 316
T & N [2001] FMCAfam 222