Pickard & Farnstrom

Case

[2021] FCCA 702

26 April 2021


Details
AGLC Case Decision Date
Pickard & Farnstrom [2021] FCCA 702 [2021] FCCA 702 26 April 2021

CaseChat Overview and Summary

In the matter of *Pickard & Farnstrom*, heard by O'Shannessy J, the dispute concerned parenting orders for two children, X born in 2007 and Y born in 2013. Ms Pickard, the applicant and Mother, sought orders regarding parental responsibility and contact arrangements, while Mr Farnstrom, the respondent and Father, was involved in the proceedings.

The court was required to determine the extent of parental responsibility for making decisions about major long-term issues concerning the children, and to establish the conditions under which the Father could spend time with or communicate with the children. The court also had to consider the discharge of existing orders and applications.

O'Shannessy J ordered that all extant orders relating to the children be discharged. The Mother was granted sole parental responsibility for making decisions about major long-term issues. However, before making such decisions, the Mother was required to inform the Father in writing of the issue and her proposed decision, provide him an opportunity to offer input, confirm his receipt of the communication, and consider his response before making and communicating her final decision. The Father was prohibited from spending time with or communicating with the children unless such arrangements were agreed to in writing by both parties beforehand, with the Mother's last communication being determinative in the event of a dispute. All other extant applications were dismissed, and the appointment of the Independent Children's Lawyer was discharged 28 days after the date of the orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Remedies

  • Jurisdiction

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