Read and Doolan

Case

[2013] FamCA 899

20 November 2013


Details
AGLC Case Decision Date
Read and Doolan [2013] FamCA 899 [2013] FamCA 899 20 November 2013

CaseChat Overview and Summary

In the matter of *Read and Doolan*, Berman J considered an application concerning parenting orders. The dispute involved arrangements for time spent between a father and his child, and the mother's obligations in relation to the child's health and missed time.

The court was required to determine the appropriate terms for future handovers between the father and child, including the location and timing of these handovers. Further issues included the mother's duty to notify the father of the child's illness and provide medical substantiation, and the provision of make-up time for missed periods of contact due to illness. The court also considered the discharge of the Independent Children's Lawyer.

Berman J ordered that the mother's response filed on 20 September 2013 be dismissed. The court then established a schedule for the father's time with the child, commencing on 5 January 2014, with handovers to occur at a mutually agreed location or, failing agreement, at a specific McDonald's restaurant. Provisions were made for the mother to notify the father via SMS if the child was unwell, and to provide a medical certificate within seven days. If the child missed two consecutive periods of time with the father due to illness, make-up time was to be provided on the following Saturday. The appointment of the Independent Children's Lawyer was discharged, and all matters were removed from the active list. The court also directed that a document detailing the obligations, consequences of contravention, and sources of assistance be annexed to the orders, pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

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