Price and Caldwell
Case
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[2009] FamCA 946
•5 October 2009
Details
AGLC
Case
Decision Date
Price and Caldwell [2009] FamCA 946
[2009] FamCA 946
5 October 2009
CaseChat Overview and Summary
The case of *Price and Caldwell* concerned parenting orders made by Monteith J in relation to a child born in January 2007. The dispute centred on the living arrangements and time spent with the child between the father, who resided in Townsville, and the mother, who resided in Brisbane. The court was required to determine the specific orders regarding where the child would live, the nature of parental responsibility, and the detailed arrangements for the child to spend time with each parent, particularly in light of the mother's potential relocation to Townsville.
Monteith J made orders establishing equal shared parental responsibility for the child. The primary residence of the child was ordered to be with the father in Townsville. However, the orders provided for a significant shift in living arrangements if the mother relocated to Townsville, stipulating a week-about living arrangement. If the mother remained in Brisbane, detailed provisions were made for the child to spend time with her during school holidays, including provisions for travel costs and specific periods for Christmas holidays. The court also made specific orders regarding the father and mother spending time with the child on significant dates such as birthdays and Father's/Mother's Day, and included standard orders restraining denigration, prohibiting illegal drug use, regulating alcohol consumption, and prohibiting smoking in enclosed spaces in the child's presence. Further orders mandated consultation between parents on major decisions, regular communication between the child and the non-resident parent, and attendance at mediation for future disputes.
Monteith J made orders establishing equal shared parental responsibility for the child. The primary residence of the child was ordered to be with the father in Townsville. However, the orders provided for a significant shift in living arrangements if the mother relocated to Townsville, stipulating a week-about living arrangement. If the mother remained in Brisbane, detailed provisions were made for the child to spend time with her during school holidays, including provisions for travel costs and specific periods for Christmas holidays. The court also made specific orders regarding the father and mother spending time with the child on significant dates such as birthdays and Father's/Mother's Day, and included standard orders restraining denigration, prohibiting illegal drug use, regulating alcohol consumption, and prohibiting smoking in enclosed spaces in the child's presence. Further orders mandated consultation between parents on major decisions, regular communication between the child and the non-resident parent, and attendance at mediation for future disputes.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Standing
Actions
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Citations
Price and Caldwell [2009] FamCA 946
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