POWERS & POWERS
Case
•
[2018] FCCA 2844
•16 October 2018
Details
AGLC
Case
Decision Date
POWERS & POWERS [2018] FCCA 2844
[2018] FCCA 2844
16 October 2018
CaseChat Overview and Summary
This matter concerned a protracted parenting dispute between two parents regarding their child, [X], born in 2003. The case came before Judge Williams in the Family Court of Australia.
The central legal issues before the court were the weight to be accorded to the views of the mature 15-year-old child, [X], and whether the parents should retain equal parental responsibility for [X].
Judge Williams determined that the parents should retain equal shared parental responsibility for [X]. The court ordered a week-about living arrangement for [X] with each parent, with changes occurring at school on Fridays or at 3:30 pm on non-school days. Specific provisions were made for the long summer vacation, Christmas Day, Easter, and Orthodox Christmas and Easter, with default arrangements in place for the summer vacation if the parents could not agree. The court also made orders regarding communication between [X] and the non-resident parent, the exchange of residential information, and prohibited the parents from discussing certain matters with [X] or denigrating the other parent. Further orders addressed medical and schooling information, parental travel, and the holding of [X]'s passports. The Independent Children's Lawyer was discharged, and the Australian Federal Police were requested to remove [X]'s name from the Airport Watch List.
The central legal issues before the court were the weight to be accorded to the views of the mature 15-year-old child, [X], and whether the parents should retain equal parental responsibility for [X].
Judge Williams determined that the parents should retain equal shared parental responsibility for [X]. The court ordered a week-about living arrangement for [X] with each parent, with changes occurring at school on Fridays or at 3:30 pm on non-school days. Specific provisions were made for the long summer vacation, Christmas Day, Easter, and Orthodox Christmas and Easter, with default arrangements in place for the summer vacation if the parents could not agree. The court also made orders regarding communication between [X] and the non-resident parent, the exchange of residential information, and prohibited the parents from discussing certain matters with [X] or denigrating the other parent. Further orders addressed medical and schooling information, parental travel, and the holding of [X]'s passports. The Independent Children's Lawyer was discharged, and the Australian Federal Police were requested to remove [X]'s name from the Airport Watch List.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Procedural Fairness
Actions
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Citations
POWERS & POWERS [2018] FCCA 2844
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Bell & Nahos
[2016] FamCAFC 244
Whisprun Pty Ltd v Dixon
[2003] HCA 48
Whisprun Pty Ltd v Dixon
[2003] HCA 48