Packer and Irwin and Anor

Case

[2013] FCCA 658

1 July 2013


Details
AGLC Case Decision Date
PACKER & IRWIN & ANOR [2013] FCCA 658 [2013] FCCA 658 1 July 2013

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge L. Turner in the Federal Circuit Court of Australia. The dispute involved Ms Packer and Ms Irwin regarding the living arrangements and parental responsibilities for two children, [X] and [Y].

The court was required to determine the primary residence of the children, the allocation of parental responsibility, and the specific terms of contact and communication between the parents. Further issues included the children's names on birth certificates, the exchange of photographs and recordings, and the conduct of the parents in relation to discussing court proceedings and adult matters with the children. The court also needed to address medical and educational information sharing and the provision of updated contact details.

The court ordered that all previous parenting orders be discharged. Ms Irwin was granted sole parental responsibility for the children, with the children to live with her. However, Ms Irwin was prohibited from changing the children's names on their birth certificates without Ms Packer's consent. The children were to spend time with Ms Packer at times agreed upon by the parents or as requested by the children, with changeovers to be arranged by the parents. The court imposed strict limitations on telephone contact between the parents and the children, allowing it only under specific circumstances such as a child's request, an emergency, or to discuss upcoming arrangements. The orders also mandated that the children be referred to by their full names, "[X] Packer Irwin" and "[Y] Packer Irwin," on all written documentation, and that Ms Packer be formally recognised as a parent on the children's birth certificates. Both parents were required to provide full details of the other parent on any documents requiring such information. Ms Irwin was ordered to provide photographs and recordings of the children to Ms Packer for copying. The parents were explicitly forbidden from discussing court proceedings or adult issues with the children or in their presence. Provisions were made for notification and information sharing regarding medical appointments and treatment, and for access to health and educational professionals. Finally, both parents were ordered to keep each other informed of their current residential and telephone contact details within 24 hours of any changes.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

4

R & R: Children's Wishes [2000] FamCA 43
Hardie & Capris [2010] FamCA 1046
Starr & Duggan [2009] FamCAFC 115