Paulson& Paulson

Case

[2017] FCCA 2513

27 October 2017


Details
AGLC Case Decision Date
Paulson& Paulson [2017] FCCA 2513 [2017] FCCA 2513 27 October 2017

CaseChat Overview and Summary

This matter concerned orders made by Judge Heffernan regarding parental responsibility and the time the children of the marriage, [X] and [Y], would spend with each parent. The dispute centred on arrangements for the children's living situation, time with each parent, communication, and related matters.

The court was required to determine the extent of parental responsibility to be shared between the father and mother, and to establish specific orders concerning the children's residence, time spent with each parent, and arrangements for holidays, special occasions, communication, and handovers. Further issues included the management of health matters, school reports, and the imposition of injunctions to regulate future conduct between the parents.

Judge Heffernan ordered that the parents share equal parental responsibility for the children. The children were to live with the mother in Adelaide, with specific provisions for relocation. The father was to spend time with the children on alternate weekends, with differing arrangements depending on whether it was a school term or a holiday period, and in different locations. Detailed orders were made for school holidays, Christmas, Easter, Mother's Day, and Father's Day, as well as for annual vacations. The court also made orders regarding communication between parents and children, including the use of a communication book, and specified handover procedures. Injunctions were granted to restrain the parents from initiating further proceedings without urgency and attending alternative dispute resolution, and from discussing adult issues or denigrating the other parent in the presence of the children. Both parents were also directed to consult with psychologists to develop co-parenting skills.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Clement & Clement [2014] FCCA 1664