Paton and WILLIAMS and Ors
Case
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[2010] FamCA 855
•27 September 2010
Details
AGLC
Case
Decision Date
Paton and WILLIAMS and Ors [2010] FamCA 855
[2010] FamCA 855
27 September 2010
CaseChat Overview and Summary
This matter concerned parenting orders for a child born in February 2004. The dispute involved the first and second respondents, and the third and fourth respondents, with the court also noting the involvement of an applicant and an Independent Children's Lawyer. The orders discharged all former parenting orders relating to the child.
The court was required to determine the arrangements for the child's parental responsibility, residence, and time spent with each party. This included establishing equal shared parental responsibility, determining with whom the child would live, and setting out specific periods for the child to spend time with the first and second respondents, as well as arrangements for communication and the exchange of information between all parties. Further issues included restrictions on removing the child from Australia and provisions regarding the child's passport and the discharge of the Independent Children's Lawyer.
Justice Austin ordered that the third and fourth respondents have equal shared parental responsibility for the child, and that the child live with them. Specific provisions were made for the child to spend time with the first and second respondents, including during school holidays and on particular weekends, with detailed arrangements for delivery and collection at a designated service station. The court also made orders regarding communication between the child and the parties, including telephone contact and communication on birthdays. Each party was restrained from denigrating the other in the child's presence, and from permitting the child to be in the presence of specific individuals. Provisions were also made for the exchange of medical, educational, and personal contact information, and for the child's passport to be held by the third or fourth respondent. The first and second respondents were restrained from removing the child from Australia except under specific conditions, including prior written notice and the child's passport being returned. The court also noted that particulars of obligations, consequences of contravention, and assistance for compliance were set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act*.
The court was required to determine the arrangements for the child's parental responsibility, residence, and time spent with each party. This included establishing equal shared parental responsibility, determining with whom the child would live, and setting out specific periods for the child to spend time with the first and second respondents, as well as arrangements for communication and the exchange of information between all parties. Further issues included restrictions on removing the child from Australia and provisions regarding the child's passport and the discharge of the Independent Children's Lawyer.
Justice Austin ordered that the third and fourth respondents have equal shared parental responsibility for the child, and that the child live with them. Specific provisions were made for the child to spend time with the first and second respondents, including during school holidays and on particular weekends, with detailed arrangements for delivery and collection at a designated service station. The court also made orders regarding communication between the child and the parties, including telephone contact and communication on birthdays. Each party was restrained from denigrating the other in the child's presence, and from permitting the child to be in the presence of specific individuals. Provisions were also made for the exchange of medical, educational, and personal contact information, and for the child's passport to be held by the third or fourth respondent. The first and second respondents were restrained from removing the child from Australia except under specific conditions, including prior written notice and the child's passport being returned. The court also noted that particulars of obligations, consequences of contravention, and assistance for compliance were set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act*.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
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Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
2
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[2010] HCA 4
Aldridge & Keaton
[2009] FamCAFC 229
Potts & Bims
[2007] FamCA 394