PIERCE & PERCIVAL

Case

[2017] FCCA 1175

2 June 2017


Details
AGLC Case Decision Date
PIERCE & PERCIVAL [2017] FCCA 1175 [2017] FCCA 1175 2 June 2017

CaseChat Overview and Summary

This matter concerned parenting orders sought by the Mother and Father in relation to their two children, X and Y. The dispute centred on arrangements for the children's living situation, time spent with each parent, and related practical matters. The decision was made by Judge Newbrun.

The court was required to determine the extent of parental responsibility for the children, where the children would live, and the specific arrangements for the father's time with the children, including during school terms, school holidays, and on specific days such as Father's Day and Mother's Day. Further issues included the provision of clothing and sporting equipment, notification of injuries or hospitalisations, communication regarding sporting activities, and procedures for international travel and passport renewals. The court also had to consider specific restrictions regarding the transportation of one child and the father's consumption of alcohol.

In reaching its decision, the court ordered equal shared parental responsibility for the children. The children were ordered to live with the Mother. The court established a detailed schedule for the Father's time with the children, which included a phased introduction of overnight stays and specific arrangements for school holidays and special days. The orders also mandated family therapy, with the solicitors for the Mother to arrange an intake and both parents to attend, pay half the costs in advance, and follow the therapist's advice. Various practical provisions were made regarding clothing, sporting activities, communication, and travel. Specific orders were made to ensure the safety of child Y during transportation and to restrict the Father's alcohol consumption while the children are in his care.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Consent

  • Remedies

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