Prescott and Sanderson

Case

[2016] FamCA 926

3 November 2016


Details
AGLC Case Decision Date
Prescott and Sanderson [2016] FamCA 926 [2016] FamCA 926 3 November 2016

CaseChat Overview and Summary

This matter concerned parenting orders made by Justice Bennett between the mother, Ms Sanderson, and the father, Mr Prescott, regarding their three children: C, D, and E. The dispute involved arrangements for the children's living situations, time spent with each parent, and their ongoing medical and therapeutic treatment.

The court was required to determine the specific parenting orders that would best serve the children's interests, particularly in light of their medical and psychological needs. This included establishing equal shared parental responsibility, defining the children's living arrangements, and detailing the time each child would spend with the father. Furthermore, the court needed to address the children's ongoing medical and therapeutic care, including the roles of various practitioners and the parents' obligations in facilitating this treatment.

Justice Bennett ordered the discharge of all previous parenting orders and established new arrangements. The parents were granted equal shared parental responsibility, with the children to live with the mother. Specific time arrangements were set for each child with the father, with particular attention paid to the views of C and the medical advice concerning D. The orders also mandated that both parents facilitate the children's ongoing medical and therapeutic treatments, cooperate with practitioners, and share the costs of out-of-pocket expenses. Crucially, both parents and the children were restrained from removing the children from the Commonwealth of Australia, and their names were to be placed on the Airport Watch List. The court also requested that Professor S undertake a coordinating role in the treatment of D and E.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Remedies

  • Costs

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

0

PRESCOTT & SANDERSON [2015] FamCA 162