Picken and Picken (No. 3)

Case

[2008] FamCA 765

20 June 2008


Details
AGLC Case Decision Date
Picken and Picken (No. 3) [2008] FamCA 765 [2008] FamCA 765 20 June 2008

CaseChat Overview and Summary

This matter concerned parenting orders made by Young J in the Family Court of Australia. The dispute involved the husband and wife regarding the living arrangements and shared parental responsibility for their two children, R and J.

The court was required to determine the specific terms of parenting orders concerning the children's residence, time spent with each parent, parental responsibility, communication between parents, and the facilitation of medical and welfare appointments. Additionally, the court needed to address the supervision of these orders, the role of the Independent Children’s Lawyer, and measures to prevent the removal of the children from Australia.

Young J made orders by consent, discharging previous parenting orders. The children R and J were to live with the wife and husband respectively, with both parents sharing joint parental responsibility. Specific arrangements were detailed for the children's time with the non-resident parent, including changeover locations and times. The orders also mandated ongoing communication between parents regarding addresses and contact details, and ensured punctuality for medical and welfare appointments. Crucially, pursuant to s65L of the *Family Law Act 1975*, compliance with these orders was to be supervised by a Family Consultant, who was to report back to the Court. The Independent Children’s Lawyer was tasked with investigating and organising support for the wife and R, and maintaining contact regarding R's circumstances. Further orders restrained both parents from applying for passports for the children and from removing them from Australia, with the children's existing passports to be lodged for safe custody.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Jurisdiction

  • Injunction

  • Remedies

  • Costs

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