Oakshott and Fraser and Anor

Case

[2017] FamCA 124

24 February 2017


Details
AGLC Case Decision Date
Oakshott and Fraser and Anor [2017] FamCA 124 [2017] FamCA 124 24 February 2017

CaseChat Overview and Summary

In the matter of *Oakshott and Fraser and Anor*, Cronin J made final parenting orders by consent between the applicant, Ms Oakshott, and the respondents, Ms Fraser and Mr Bull. The dispute concerned parenting arrangements for the child, B. The orders also included a specific restraint preventing the respondents from seeking to remove Ms Oakshott's description as a "parent" on the child's birth certificate or record.

The court was required to determine the terms of final parenting orders, including the allocation of parental responsibility, the child's time with each party during school holidays, and the specific arrangements for the long summer holidays. A key issue was the mechanism for resolving disagreements regarding the child's time during holidays, with provisions for agreed arrangements and default schedules if agreement could not be reached.

The court's decision was based on the consent of all parties, reflecting an agreed resolution of the parenting dispute. The orders established shared parental responsibility, with Ms Fraser's decision prevailing in the event of conflict. Detailed schedules were set out for the child's time with Ms Oakshott, Ms Fraser, and Mr Bull during school term holidays and the long summer holidays, including specific dates and times for Christmas and New Year periods, with provisions for alternate years. The court also formally suspended the child's time with parties during school terms when school holidays were in effect.

By consent, the court ordered that there be final parenting orders in the terms of the minutes attached to the order, incorporating a notice prepared under sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth). The respondents were restrained from taking action to remove Ms Oakshott's parental status on the birth certificate. The orders detailed the arrangements for shared parental responsibility and the child's time with each party during school holidays, with default provisions for periods of disagreement. All applications by the parties, save for issues of costs, were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

U v U [2002] HCA 36
CDJ v VAJ [1998] HCA 67