Pierce and Pierce

Case

[2017] FCCA 886

21 April 2017


Details
AGLC Case Decision Date
Pierce and Pierce [2017] FCCA 886 [2017] FCCA 886 21 April 2017

CaseChat Overview and Summary

In the matter of *Pierce and Pierce*, heard before Judge Altobelli, the dispute concerned parenting arrangements for two children, X and Y. The court was required to make orders regarding the children's living arrangements, time spent with each parent, and decision-making responsibilities.

The primary legal issues before the court were the establishment of equal shared parental responsibility for long-term decisions, the determination of where the children would live, and the specific schedule for the father's time with the children, including during school holidays and special occasions. The court also considered orders relating to communication between parents and children, the exchange of information regarding the children's welfare, and injunctions to prevent disparaging comments and discussions about the proceedings in the children's presence. A further issue was the father's application concerning the children relocating, which he did not press.

The court ordered that the parties have equal shared parental responsibility for all major long-term decisions concerning the children. The children were ordered to live with the mother. The court then detailed a specific schedule for the father's time with the children, including weekday afternoons, Saturdays, alternate Sundays, and school holidays, with provisions for collection and return. Orders were also made for the children to spend time with the mother on specific occasions, such as birthdays and Mother's Day, and for communication between the children and each parent. The court also imposed injunctions restraining each party from criticising the other parent or discussing the proceedings with the children. Notably, the father was ordered to ensure his mother did not come into contact with the children. The matter was adjourned for mention, with liberty for the parties to file terms for orders regarding a Family Report and a deadline for any application concerning the children's schooling.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

MRR v GR [2010] HCA 4
Goode & Goode [2006] FamCA 1346