OLIVIER & OLIVIER

Case

[2020] FamCA 639

4 August 2020


Details
AGLC Case Decision Date
OLIVIER & OLIVIER [2020] FamCA 639 [2020] FamCA 639 4 August 2020

CaseChat Overview and Summary

In the matter of OLIVIER & OLIVIER, Gill J of the Federal Circuit and Family Court of Australia made orders concerning the parenting arrangements for three children. The dispute involved the parents' arrangements for the children, including their living arrangements, time spent with each parent, and communication.

The court was required to determine the specific parenting orders to be made, discharging all previous orders. This involved establishing shared parental responsibility, outlining the children's living arrangements, detailing the time each parent would spend with the children during school terms and holidays, and setting out provisions for communication, changeovers, and special occasions like Father's Day and Mother's Day. The court also addressed the children's engagement in therapy and protective behaviours programs, as well as the discharge of an Independent Children's Lawyer.

Gill J ordered that all previous parenting orders be discharged. The parents were granted equally shared parental responsibility for the children. The children were to live with the Mother, and spend time with the Father as agreed in writing, or otherwise according to a specified schedule during school terms and holidays. The orders also mandated that the parents discuss the children's engagement in therapy, facilitate their attendance at a protective behaviours program, and ensure reasonable electronic communication between the children and the non-resident parent. Further provisions were made regarding changeovers, communication protocols, notification of emergencies, and the exchange of information with schools and medical practitioners. The Independent Children's Lawyer was discharged three weeks from the date of the orders, with provisions for the children to be made available to the ICL if requested.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Natural Justice

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Cases Citing This Decision

6

Pickford & Pickford [2024] FedCFamC1A 249
Mikula & Tripp [2024] FedCFamC1F 710
Bartram & Marsden [2023] FedCFamC1F 644
Cases Cited

5

Statutory Material Cited

1

Phillips & Hansford [2019] FamCAFC 165
Sahrawi & Hadrami [2018] FamCAFC 170
M v M [1988] HCA 68