NOLL & NOLL

Case

[2019] FCCA 1083

26 April 2019


Details
AGLC Case Decision Date
NOLL & NOLL [2019] FCCA 1083 [2019] FCCA 1083 26 April 2019

CaseChat Overview and Summary

In the matter of NOLL & NOLL, Her Honour Judge C. E. Kirton QC of the Federal Circuit Court of Australia considered an application by the Father concerning the parenting arrangements for the child [X]. The dispute involved the child’s residence, schooling, and the time to be spent with each parent. A significant factor before the court was the Mother’s status as a registered sex offender.

The court was required to determine the interim parenting orders for [X], including where the child would live, which school the child would attend, and the specific arrangements for the child to spend time with and communicate with both parents. The court also needed to consider the appointment of an Independent Children’s Lawyer to represent the child's interests.

Her Honour Judge Kirton QC ordered that all previous parenting orders be discharged. Until further order, the parents were to have equal shared parental responsibility for [X]. The child was to live with the Father, and specific, detailed arrangements were made for the child to spend time and communicate with the Mother, including during school terms and holidays, with particular provisions for Christmas and Easter. The child was to be enrolled at a specified school, with provisions for the Father to authorise the school to provide information to the Mother and for the Mother to attend school events. The court also made orders regarding communication between parents and the child, the exchange of information about the child's health and parental contact details, and a mutual non-denigration clause. Further orders addressed interstate and international travel and the appointment of an Independent Children’s Lawyer. The matter was adjourned for mention.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Statutory Construction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

3

Taylor & Barker [2007] FamCA 1246
Keats & Keats [2016] FamCAFC 156