Oscar and Acres and Anor

Case

[2007] FamCA 1104

11 July 2007


Details
AGLC Case Decision Date
Oscar and Acres and Anor [2007] FamCA 1104 [2007] FamCA 1104 11 July 2007

CaseChat Overview and Summary

This matter concerned an application by the Father and the Intervenor, Mrs Stace, against the Mother regarding parenting orders for the child, S. The dispute centred on the arrangements for the child's residence, decision-making, and time spent with each parent and the intervenor.

The court was required to determine the primary residence of the child, the allocation of responsibilities for short-term and long-term decision-making concerning the child's welfare, and the specific periods of time the child would spend with the Mother and the Intervenor. The court also had to consider the practical arrangements for changeovers and communication between the parents and the child.

Barry J ordered that the child, S, live with the Father. The Father and Mother were each made responsible for short-term decisions regarding the child's day-to-day care while the child was in their respective care. Long-term decisions concerning the child's care, welfare, and development were to be jointly made by the Mother, Father, and Intervenor. The Mother was granted specific periods of time to spend with the child during school holidays, with changeovers to occur by agreement or at a police station if agreement could not be reached. The Intervenor was to spend time with the child at times arranged with the Mother during the Mother's time with the child. The Mother was also permitted to telephone the child on specified evenings. The court further ordered that neither parent denigrate the other in the child's presence and that the Mother pay the Intervenor's witness expenses. The Independent Children's Lawyer was discharged. The orders included particulars of obligations, consequences of contravention, and assistance for compliance, as set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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