Nieves and Macy
Case
•
[2017] FCCA 3194
•22 December 2017
Details
AGLC
Case
Decision Date
Nieves and Macy [2017] FCCA 3194
[2017] FCCA 3194
22 December 2017
CaseChat Overview and Summary
In the matter of *Nieves and Macy*, heard by Judge Obradovic, the court considered parenting orders concerning a child, [X], born in 2013. The dispute involved the child's living arrangements, parental responsibility, and the father's proposed relocation with the child.
The court was required to determine the primary residence of the child, the allocation of parental responsibility for both major long-term decisions and day-to-day care, and whether to permit the father to relocate the child's residence. Additionally, the court needed to establish a detailed schedule for the child's time with each parent, including provisions for school holidays and special occasions, and to address communication between the child and each parent. The court also considered orders regarding the exchange of the child, notification of medical issues, and the conduct of the parents towards each other and in the presence of the child.
The court ordered that all previous parenting orders be discharged. The child, [X], was to live with the father, who would have sole parental responsibility for non-major decisions regarding the child's day-to-day care, welfare, and development. The father was permitted to relocate the child's residence to a specified location and to enrol the child in a particular school. Both parents were to share equal parental responsibility for major long-term decisions concerning the child, with an obligation to consult in good faith and make genuine efforts to reach joint decisions. The mother was granted specific time with the child during school terms, school holidays, and Christmas, with the father having defined periods of care as well. The orders also included provisions for liberal communication between the child and each parent, procedures for changeovers, and mutual obligations to inform each other of major medical issues. Furthermore, both parents were restrained from denigrating the other parent or their family members in the child's presence.
The court was required to determine the primary residence of the child, the allocation of parental responsibility for both major long-term decisions and day-to-day care, and whether to permit the father to relocate the child's residence. Additionally, the court needed to establish a detailed schedule for the child's time with each parent, including provisions for school holidays and special occasions, and to address communication between the child and each parent. The court also considered orders regarding the exchange of the child, notification of medical issues, and the conduct of the parents towards each other and in the presence of the child.
The court ordered that all previous parenting orders be discharged. The child, [X], was to live with the father, who would have sole parental responsibility for non-major decisions regarding the child's day-to-day care, welfare, and development. The father was permitted to relocate the child's residence to a specified location and to enrol the child in a particular school. Both parents were to share equal parental responsibility for major long-term decisions concerning the child, with an obligation to consult in good faith and make genuine efforts to reach joint decisions. The mother was granted specific time with the child during school terms, school holidays, and Christmas, with the father having defined periods of care as well. The orders also included provisions for liberal communication between the child and each parent, procedures for changeovers, and mutual obligations to inform each other of major medical issues. Furthermore, both parents were restrained from denigrating the other parent or their family members in the child's presence.
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Key Legal Topics
Areas of Law
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Family Law
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Citations
Nieves and Macy [2017] FCCA 3194
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
2
Slater & Light
[2011] FamCAFC 1
Mazorski & Albright
[2007] FamCA 520
MRR v GR
[2010] HCA 4