Ogilvy and Sassall (No.2)

Case

[2013] FCCA 2226

19 December 2013


Details
AGLC Case Decision Date
Ogilvy and Sassall (No.2) [2013] FCCA 2226 [2013] FCCA 2226 19 December 2013

CaseChat Overview and Summary

In *Ogilvy and Sassall (No.2)*, Judge Phipps considered orders concerning the parental responsibility, living arrangements, and time spent with children [X] and [Y]. The dispute centred on the arrangements for the children following the breakdown of the parents' relationship.

The court was required to determine the extent of equal shared parental responsibility, specifically regarding the decision-making for the children's schooling. Further issues included the primary residence of the children, the specific times and methods of communication and contact between the children and the mother, and the exchange of information regarding the children's welfare, including medical and educational matters. The court also had to address provisions for drug screening for the mother, arrangements for the handover of the children, and specific requirements for the mother's medical treatment and attendance upon a psychologist.

Judge Phipps ordered that the parents have equal shared parental responsibility for the children, with the exception that the father would have sole responsibility for decisions regarding the children's schooling. The children were to live with the father, and specific arrangements were made for the children to spend time with and communicate with the mother, including weekend contact, holiday periods, and regular telephone calls. The orders also stipulated detailed requirements for information sharing between the parents concerning the children's health, education, and living arrangements. Furthermore, the mother was directed to undertake random supervised drug screens, attend a specific medical practice, comply with medical directions regarding medication, and attend psychological treatment for anxiety, depression, and vulnerability to medication misuse.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

OGILVY & SASSALL [2013] FCCA 835
Starr & Duggan [2009] FamCAFC 115