Pepper and Rawlings

Case

[2017] FCCA 207

10 February 2017


Details
AGLC Case Decision Date
Pepper and Rawlings [2017] FCCA 207 [2017] FCCA 207 10 February 2017

CaseChat Overview and Summary

In the matter of Pepper and Rawlings, heard before Judge Obradovic, the dispute concerned parenting arrangements for the child X. The mother sought to change the child's surname and to have the child live with her, while the father sought orders for equal shared parental responsibility and specific time with the child.

The court was required to determine whether to grant the mother's application to change the child's surname, the appropriate living arrangements for the child, the extent of time the child should spend with each parent, and whether to grant an injunction restraining the mother from taking the child to psychological or counselling sessions without the father's consent or a court order. The court also considered the provision of information regarding the child's treating professionals and the necessity of a child-inclusive dispute resolution process.

Judge Obradovic ordered that the parents have equal shared parental responsibility for the child. The child was ordered to live with the mother, with specific time allocated for the child to spend with the father on Sundays and Wednesdays, as well as on 26 January each year. The mother was restrained by injunction from changing the child's surname, and her application for such a change was dismissed. Furthermore, the mother was enjoined from taking the child to further psychological or counselling sessions without the father's written consent or a court order, and was directed to provide the father with details of the child's treating professionals and the necessary authorisations for information disclosure. The parties were also directed to attend a child-inclusive dispute conference with a Family Consultant.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

8

Statutory Material Cited

2

Slater & Light [2011] FamCAFC 1
Mazorski & Albright [2007] FamCA 520
Salah & Salah [2016] FamCAFC 100