Nugent and Berg

Case

[2017] FamCA 79

17 February 2017


Details
AGLC Case Decision Date
Nugent and Berg [2017] FamCA 79 [2017] FamCA 79 17 February 2017

CaseChat Overview and Summary

In *Nugent and Berg*, heard by Cronin J, the court was required to determine parenting orders concerning a child born in 2007. The dispute involved the allocation of parental responsibility and the time the child would spend with each parent.

The legal issues before the court included the determination of sole parental responsibility for major long-term decisions, the primary residence of the child, and the specific arrangements for the child's time with each parent, including weekends, weekdays, school holidays, and special occasions. The court also considered provisions for communication, travel, and the exchange of information regarding the child's health and education.

Cronin J made orders discharging all extant parenting orders. The father was granted sole parental responsibility for major long-term decisions concerning the child. The child was ordered to live with the father at all times, with specific provisions for the child to spend time with the mother on alternate weekends, via electronic communication, during school holidays, and on specific public holidays. The orders also detailed arrangements for travel, communication about delays, and the notification of significant illness or accidents. The mother was authorised to discuss medical and educational issues with relevant professionals and participate in school activities. Crucially, by consent, both parents were restrained by injunction from denigrating the other or their family members in the presence of the child. The court also ordered that the child attend counselling as recommended and included particulars of obligations and consequences of contravention in a fact sheet. The Independent Children's Lawyer was discharged, and all other applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

2

M v M [1988] HCA 68
Donaghey & Donaghey [2011] FamCA 13
Deiter & Deiter [2011] FamCAFC 82