Parkhurst and Bardsley
Case
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[2018] FCCA 2764
•27 September 2018
Details
AGLC
Case
Decision Date
Parkhurst and Bardsley [2018] FCCA 2764
[2018] FCCA 2764
27 September 2018
CaseChat Overview and Summary
In the matter of *Parkhurst and Bardsley*, Judge Betts of the Federal Circuit and Family Court of Australia made orders concerning the parenting arrangements for two children, [X] and [Y]. The dispute centred on the future care and responsibility for the children, with the court tasked with determining appropriate orders to govern their living arrangements, time spent with each parent, and parental responsibility.
The court was required to determine the extent of parental responsibility each parent would hold, specifically whether one parent should have sole responsibility or if it should be shared. Furthermore, the court needed to establish the primary residence of the children and the specific arrangements for the children to spend time with the non-resident parent, including during school terms and holiday periods. The court also considered the issue of corporal punishment and the method of communication for agreed arrangements.
Judge Betts discharged all previous parenting orders and made new orders reflecting a significant shift in the children's living arrangements. The Mother was granted sole parental responsibility, with the requirement to inform the Father in writing of any major long-term decisions concerning the children within seven days. The children were ordered to live with the Father until a specific date in 2018, after which they were to live with the Mother. Detailed provisions were made for the children to spend time with the Father, including alternating weekends during school terms and specific arrangements for school holiday periods, with adjustments for Mother's Day and Father's Day. The court also made orders restraining both parents from administering corporal punishment and specified that written communication for arrangements could include emails and text messages.
The court was required to determine the extent of parental responsibility each parent would hold, specifically whether one parent should have sole responsibility or if it should be shared. Furthermore, the court needed to establish the primary residence of the children and the specific arrangements for the children to spend time with the non-resident parent, including during school terms and holiday periods. The court also considered the issue of corporal punishment and the method of communication for agreed arrangements.
Judge Betts discharged all previous parenting orders and made new orders reflecting a significant shift in the children's living arrangements. The Mother was granted sole parental responsibility, with the requirement to inform the Father in writing of any major long-term decisions concerning the children within seven days. The children were ordered to live with the Father until a specific date in 2018, after which they were to live with the Mother. Detailed provisions were made for the children to spend time with the Father, including alternating weekends during school terms and specific arrangements for school holiday periods, with adjustments for Mother's Day and Father's Day. The court also made orders restraining both parents from administering corporal punishment and specified that written communication for arrangements could include emails and text messages.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Procedural Fairness
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Citations
Parkhurst and Bardsley [2018] FCCA 2764
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Amador & Amador
[2009] FamCAFC 196
M v M
[1988] HCA 68
Briginshaw v Briginshaw
[1938] HCA 34