Naylor and Hernandez

Case

[2009] FamCA 1191

1 December 2009


Details
AGLC Case Decision Date
Naylor and Hernandez [2009] FamCA 1191 [2009] FamCA 1191 1 December 2009

CaseChat Overview and Summary

In the matter of Naylor and Hernandez, Justice Fowler considered parenting orders concerning three children. The dispute involved the allocation of parental responsibility and time between the mother and father, particularly in light of the children's medical needs, specifically Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD).

The court was required to determine the extent of equal shared parental responsibility, the decision-making authority regarding the children's medical treatment, and the specific arrangements for the children's living arrangements and time spent with each parent. Further issues included the father's contact with specific individuals, his alcohol consumption during contact periods, and the communication protocols between the parents regarding the children's health and schooling.

Justice Fowler discharged all previous parenting orders. The court ordered equal shared parental responsibility for the three children, subject to specific provisions regarding medical treatment. In instances where the parents could not agree on a course of treatment for the children's ADD/ADHD after consulting with their paediatrician, the mother was granted the power to make the final decision. The court also made detailed orders regarding the children living with the mother and the father spending time with them, taking into account the father's work roster and specific holiday periods. Additional orders addressed communication, the father's contact with certain individuals, alcohol consumption, and the physical discipline of the children. The parties were also ordered to undertake specific courses with the Interrelate Family Centre.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Procedural Fairness

  • Remedies

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