POLLARD & NORDBERG (No.2)
Case
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[2019] FCCA 3812
•19 December 2019
Details
AGLC
Case
Decision Date
Pollard and Nordberg (No.2) [2019] FCCA 3812
[2019] FCCA 3812
19 December 2019
CaseChat Overview and Summary
In the matter of POLLARD & NORDBERG (No.2), Judge Altobelli of the Family Court of Australia considered interim parenting orders in a high-conflict case involving two children. The dispute centred on arrangements for the children to spend time with their father.
The court was required to determine the terms of interim parenting orders, including the allocation of parental responsibility, the children's living arrangements, and the specific schedule for the children to spend time with the father. Additionally, the court needed to address issues related to parental communication, the father's conduct during time with the children, and the process for changeovers between parents. The court also considered the preparation of a Family Report to inform future decisions.
The court made orders for equal shared parental responsibility and that the children live with the mother, with an injunction restraining her from relocating the children more than 30 kilometres from her current address without the father's consent. A phased approach to the children spending time with the father was established over the first twelve months, with provisions for video calls and specific arrangements for public holidays and birthdays. The father was ordered to provide necessities for the children during his time with them and was restrained from consuming alcohol or illicit drugs prior to and during these periods. Supervised changeovers were mandated, and both parents were required to attend post-separation parenting, anger management, and "Taking Responsibility" courses. Communication between parents was restricted to text messages, except in emergencies, and both parents were enjoined from harassing, assaulting, or denigrating the other parent to or in the hearing of the children, or discussing parenting issues in their presence. The court also ordered the preparation of a Family Report to assess various factors relevant to the children's welfare, including the parents' interactions, the children's emotional state, and their relationships with each parent, with a final hearing scheduled for April 2021.
The court was required to determine the terms of interim parenting orders, including the allocation of parental responsibility, the children's living arrangements, and the specific schedule for the children to spend time with the father. Additionally, the court needed to address issues related to parental communication, the father's conduct during time with the children, and the process for changeovers between parents. The court also considered the preparation of a Family Report to inform future decisions.
The court made orders for equal shared parental responsibility and that the children live with the mother, with an injunction restraining her from relocating the children more than 30 kilometres from her current address without the father's consent. A phased approach to the children spending time with the father was established over the first twelve months, with provisions for video calls and specific arrangements for public holidays and birthdays. The father was ordered to provide necessities for the children during his time with them and was restrained from consuming alcohol or illicit drugs prior to and during these periods. Supervised changeovers were mandated, and both parents were required to attend post-separation parenting, anger management, and "Taking Responsibility" courses. Communication between parents was restricted to text messages, except in emergencies, and both parents were enjoined from harassing, assaulting, or denigrating the other parent to or in the hearing of the children, or discussing parenting issues in their presence. The court also ordered the preparation of a Family Report to assess various factors relevant to the children's welfare, including the parents' interactions, the children's emotional state, and their relationships with each parent, with a final hearing scheduled for April 2021.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
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Standing
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Costs
Actions
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