Newman and Sables

Case

[2016] FCCA 722

4 April 2016


Details
AGLC Case Decision Date
Newman and Sables [2016] FCCA 722 [2016] FCCA 722 4 April 2016

CaseChat Overview and Summary

In the matter of Newman and Sables, heard by Judge Scarlett, the dispute concerned parenting orders for the child X. The orders discharged all earlier parenting arrangements and established new provisions for the child's living arrangements and time spent with each parent.

The court was required to determine the terms of the parenting orders, including the allocation of parental responsibility, the child's primary residence, and the specific schedule for the child's time with each parent. Additionally, the court addressed ancillary matters such as restrictions on parental conduct, changeover procedures, and communication protocols between the parents regarding the child's welfare.

The court ordered equal shared parental responsibility for the child X, with the child to live with the Mother. Specific time arrangements were detailed for the Father, with a phased approach from the date of the orders until the end of 2016, and then a revised schedule from 1 January 2017 onwards, including provisions for public holidays and the child's birthday. The orders also imposed a restraint on the Father consuming alcohol when the child was in his care or for twelve hours prior, and both parents were restrained from making derogatory comments about each other in the child's presence. Further orders stipulated the location for changeovers, prohibited extended family members from attending changeovers, and mandated the exchange of contact details and notification of serious illness or injury to the child. The substantive application was subsequently transferred to Judge Henderson for further mention.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Goode & Goode [2006] FamCA 1346