NAVA & DEMPSEY

Case

[2018] FCCA 4040

13 December 2018


Details
AGLC Case Decision Date
NAVA & DEMPSEY [2018] FCCA 4040 [2018] FCCA 4040 13 December 2018

CaseChat Overview and Summary

In the matter of NAVA & DEMPSEY, Judge Harman made orders concerning the parental responsibility, living arrangements, and time spent with the child, X, born in 2011. The dispute concerned the arrangements for X, including his residence, time with each parent, and the management of his medical and educational needs.

The court was required to determine the terms of parental responsibility, the primary residence of X, and the specific schedule for X to spend time with each parent. Further issues included the management of X's medical conditions, including consultations with specialists and therapists, and the communication and cooperation between the parents regarding X's healthcare and education. The court also addressed the parents' obligations to refrain from derogatory comments and the consequences of contravening the orders.

Judge Harman ordered that the parents have equal shared parental responsibility for X, with X to live with his Mother. A detailed schedule was set out for X to spend time with his Father, encompassing alternate weekends, specific weekdays during school terms, and significant portions of school holidays, including Christmas and Father's Day. The orders also stipulated specific times for X to spend with his Mother on Mother's Day and during Christmas in odd-numbered years, and for both parents to have time with X on his birthday. Provisions were made for telephone contact between X and the non-resident parent, and for the method of changeovers. The court also mandated that both parents consult with each other and cooperate regarding X's medical treatment, including consultations with paediatricians, psychologists, and general practitioners, and to follow all recommendations for his diagnoses of ASD and ADT. They were also ordered to cooperate in making claims for assistance under the National Disability Insurance Scheme and to ensure their details were recorded at X's school for communication and involvement. The court further ordered that neither parent make derogatory comments about the other in X's presence and that they remove X from such situations. The Independent Children's Lawyer was discharged with thanks.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Johns & Jasapas [2016] FamCA 471
Burton & Churchin & Anor [2013] FamCAFC 180
R & R: Children's Wishes [2000] FamCA 43