Pardij and Girsinka

Case

[2008] FamCA 3

29 January 2008


Details
AGLC Case Decision Date
Pardij and Girsinka [2008] FamCA 3 [2008] FamCA 3 29 January 2008

CaseChat Overview and Summary

This matter concerned parenting orders for the child Maya Pardij, born in July 2002, and involved the husband and wife. The court was required to determine the living arrangements for Maya, the extent of each parent's responsibilities in making decisions about her upbringing, and the specific times Maya would spend with each parent. Additionally, the court had to address communication protocols between the parents, restrictions on denigration, and measures to prevent the child's removal from Australia.

Justice Cronin discharged all existing parenting orders and made new orders regarding Maya's residence, stating she would live with the wife. The court ordered that both parents have equal shared parental responsibility for major long-term decisions, with the exception that the wife would have sole responsibility for decisions concerning Maya's education and health. However, specific procedures were outlined for the wife to consult with the husband regarding educational decisions, and for both parents to be informed about and potentially attend health appointments. The judgment also detailed extensive provisions for Maya's time with the husband, including alternate weekends, weekday afternoons, school holidays, and specific public holidays, with adjustments to these arrangements over time.

The court also imposed mutual restraints on both parents from denigrating each other to or in the presence of Maya. Further orders addressed communication between the parents and with Maya, including mandatory email communication for relevant information, the use of a communication book, and specific telephone call times. Crucially, the husband and wife were restrained from removing Maya from Australia, with a request for the Australian Federal Police to place her name on the Airport Watch List. The court also ordered the discharge of the Independent Children's Lawyer, prohibited the father from instituting further parenting proceedings without leave, and mandated that both parents complete a post-separation parenting course. The supervision of compliance with these orders was to be undertaken by a nominated family consultant.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

Johnson v Johnson [2000] HCA 48