Pilau and Aikendorf
Case
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[2017] FamCA 523
•20 July 2017
Details
AGLC
Case
Decision Date
Pilau and Aikendorf [2017] FamCA 523
[2017] FamCA 523
20 July 2017
CaseChat Overview and Summary
In the matter of *Pilau and Aikendorf*, Berman J determined orders concerning the parental responsibility and living arrangements for the child, B Pilau, born in 2013. The dispute centred on how the parents would share responsibility for their child's upbringing, including day-to-day care, health decisions, and time spent with each parent.
The court was required to determine the extent of shared parental responsibility for the child, specifically addressing who would have the final say on health matters. Further issues included establishing the child's primary residence, defining the specific times the child would spend with each parent, and outlining communication protocols between the parents regarding the child's welfare and development. The court also considered orders relating to the father's ongoing medical treatment and the parents' interactions with the child's educational and health professionals.
Berman J ordered that the parties have shared parental responsibility for the child, with the mother having sole responsibility for health issues, subject to a requirement to consult with the father and inform him of her final decisions. The child was ordered to live with the mother, and detailed provisions were made for the child's time with the father, with these arrangements progressively increasing over time. The court also made orders regarding communication between the parents, including the use of a communication book, and their liberty to liaise with the child's school and health professionals. Injunctions were granted restraining both parents from denigrating the other parent in the child's presence or discussing the proceedings with the child. The order appointing an Independent Children's Lawyer was discharged.
The court was required to determine the extent of shared parental responsibility for the child, specifically addressing who would have the final say on health matters. Further issues included establishing the child's primary residence, defining the specific times the child would spend with each parent, and outlining communication protocols between the parents regarding the child's welfare and development. The court also considered orders relating to the father's ongoing medical treatment and the parents' interactions with the child's educational and health professionals.
Berman J ordered that the parties have shared parental responsibility for the child, with the mother having sole responsibility for health issues, subject to a requirement to consult with the father and inform him of her final decisions. The child was ordered to live with the mother, and detailed provisions were made for the child's time with the father, with these arrangements progressively increasing over time. The court also made orders regarding communication between the parents, including the use of a communication book, and their liberty to liaise with the child's school and health professionals. Injunctions were granted restraining both parents from denigrating the other parent in the child's presence or discussing the proceedings with the child. The order appointing an Independent Children's Lawyer was discharged.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Injunction
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Procedural Fairness
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Citations
Pilau and Aikendorf [2017] FamCA 523
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
1
Sayer v Radcliffe
[2012] FamCAFC 209
Sayer v Radcliffe
[2012] FamCAFC 209