MYERS & RICE
Case
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[2014] FamCA 457
•27 June 2014
Details
AGLC
Case
Decision Date
MYERS & RICE [2014] FamCA 457
[2014] FamCA 457
27 June 2014
CaseChat Overview and Summary
In the matter of MYERS & RICE, Berman J considered orders concerning the parental responsibility and living arrangements for two children, B and L. The dispute centred on how the parents would share responsibility for their children and the specific arrangements for L's time with each parent, as well as educational and communication protocols.
The court was required to determine the extent of shared parental responsibility for both children, establish a specific living arrangement for L, and outline the time L would spend with each parent, including provisions for school holidays and significant dates. Further issues included the educational needs of L, including the requirement for a psycho-educational assessment and the provision of relevant reports to the nominated school, as well as protocols for communication and the prevention of denigration between the parents. The court also considered the discharge of the Independent Children's Lawyer and the removal of the matter from the active pending list.
Berman J ordered equal shared parental responsibility for both children. L was to live with the father, with specific provisions for L to spend time and communicate with the mother on alternate weekends, during half of all school holidays, and on specific Christmas and Mother's Day arrangements. Father's Day arrangements were also stipulated to suspend the mother's time. The court also mandated that L be enrolled in a school that would undertake an Individual Education Plan, requiring the provision of specific reports and a psycho-educational assessment for L. Both parents were authorised to obtain school reports and attend interviews, and were to be listed as emergency contacts. Crucially, both parents were restrained from denigrating the other parent to the children and from discussing the proceedings in their presence.
The court discharged all previous orders and the appointment of the Independent Children’s Lawyer. All matters were removed from the Active Pending List of Cases. The orders also included a statement pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth) detailing obligations, consequences of contravention, and sources of assistance.
The court was required to determine the extent of shared parental responsibility for both children, establish a specific living arrangement for L, and outline the time L would spend with each parent, including provisions for school holidays and significant dates. Further issues included the educational needs of L, including the requirement for a psycho-educational assessment and the provision of relevant reports to the nominated school, as well as protocols for communication and the prevention of denigration between the parents. The court also considered the discharge of the Independent Children's Lawyer and the removal of the matter from the active pending list.
Berman J ordered equal shared parental responsibility for both children. L was to live with the father, with specific provisions for L to spend time and communicate with the mother on alternate weekends, during half of all school holidays, and on specific Christmas and Mother's Day arrangements. Father's Day arrangements were also stipulated to suspend the mother's time. The court also mandated that L be enrolled in a school that would undertake an Individual Education Plan, requiring the provision of specific reports and a psycho-educational assessment for L. Both parents were authorised to obtain school reports and attend interviews, and were to be listed as emergency contacts. Crucially, both parents were restrained from denigrating the other parent to the children and from discussing the proceedings in their presence.
The court discharged all previous orders and the appointment of the Independent Children’s Lawyer. All matters were removed from the Active Pending List of Cases. The orders also included a statement pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth) detailing obligations, consequences of contravention, and sources of assistance.
Details
Key Legal Topics
Areas of Law
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Family Law
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Citations
MYERS & RICE [2014] FamCA 457
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
1
Sayer v Radcliffe
[2012] FamCAFC 209
Sayer v Radcliffe
[2012] FamCAFC 209