Rayne and Lazar-Shaw and Anor
Case
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[2015] FamCA 69
•13 February 2015
Details
AGLC
Case
Decision Date
Rayne and Lazar-Shaw and Anor [2015] FamCA 69
[2015] FamCA 69
13 February 2015
CaseChat Overview and Summary
This matter came before Hogan J concerning parenting orders for a child, M, born in 2010. The dispute centred on the arrangements for the child's residence, parental responsibility, and time spent with each parent. The court was required to determine the final orders regarding these arrangements, superseding previous orders except for one made by consent on 29 January 2015.
The court's reasoning led to orders that the child, M, shall live with the mother. The mother was granted sole parental responsibility for all major long-term issues concerning the child, including education, religious and cultural upbringing, and health. While the mother is to consult with the father in writing regarding decisions on these matters, providing him with 14 days to respond and considering his views, she retains the ultimate decision-making authority. The mother is also required to provide 28 days' written notice if she intends to move the child's residence outside of Town D, Queensland.
Detailed provisions were made for the child's time with the father, commencing with specific arrangements from February 2015 and evolving into alternate weekends and extended holiday periods. The orders also stipulated communication protocols, including weekly telephone calls between the child and the non-resident parent, and specific arrangements for Christmas and school holidays. Furthermore, both parents are prohibited from consuming illicit substances and excessive alcohol while the child is in their care, and the father is ordered to complete an anger management program. The Independent Children's Lawyer was discharged, and the mother was granted liberty to apply for urgent listing of any application for a recovery order if the father fails to return the child. All outstanding applications were dismissed.
The court's reasoning led to orders that the child, M, shall live with the mother. The mother was granted sole parental responsibility for all major long-term issues concerning the child, including education, religious and cultural upbringing, and health. While the mother is to consult with the father in writing regarding decisions on these matters, providing him with 14 days to respond and considering his views, she retains the ultimate decision-making authority. The mother is also required to provide 28 days' written notice if she intends to move the child's residence outside of Town D, Queensland.
Detailed provisions were made for the child's time with the father, commencing with specific arrangements from February 2015 and evolving into alternate weekends and extended holiday periods. The orders also stipulated communication protocols, including weekly telephone calls between the child and the non-resident parent, and specific arrangements for Christmas and school holidays. Furthermore, both parents are prohibited from consuming illicit substances and excessive alcohol while the child is in their care, and the father is ordered to complete an anger management program. The Independent Children's Lawyer was discharged, and the mother was granted liberty to apply for urgent listing of any application for a recovery order if the father fails to return the child. All outstanding applications were dismissed.
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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Consent
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Remedies
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Jurisdiction
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Procedural Fairness
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Costs
Actions
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