REDEKER & CRAIG (No.2)
Case
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[2019] FCCA 3470
•2 December 2019
Details
AGLC
Case
Decision Date
Redeker and Craig (No.2) [2019] FCCA 3470
[2019] FCCA 3470
2 December 2019
CaseChat Overview and Summary
In REDEKER & CRAIG (No.2), heard before Judge Lapthorn, the dispute concerned parenting arrangements for two children, Y and X, born in 2014. The court was tasked with determining the most appropriate orders for the children's long-term care, welfare, and development, specifically in relation to parental responsibility and the time the children would spend with each parent.
The central legal issues before the court were whether to order equal shared parental responsibility and what arrangements for equal time would best serve the children's interests. The court was required to consider the practicalities of implementing such arrangements, including school enrolment, daily living arrangements, holiday periods, and specific conditions related to parental conduct during periods of care.
The court ordered the discharge of all previous parenting orders. It then made orders for equal shared parental responsibility for the children's long-term care, welfare, and development. The court also established a phased approach to equal time arrangements, commencing with a fortnightly equal time schedule until the first school term of 2021, transitioning to a week-about arrangement thereafter. Specific provisions were made for school holidays, changeovers, healthcare, and prohibitions on alcohol consumption beyond the legal driving limit and smoking in the children's presence.
The central legal issues before the court were whether to order equal shared parental responsibility and what arrangements for equal time would best serve the children's interests. The court was required to consider the practicalities of implementing such arrangements, including school enrolment, daily living arrangements, holiday periods, and specific conditions related to parental conduct during periods of care.
The court ordered the discharge of all previous parenting orders. It then made orders for equal shared parental responsibility for the children's long-term care, welfare, and development. The court also established a phased approach to equal time arrangements, commencing with a fortnightly equal time schedule until the first school term of 2021, transitioning to a week-about arrangement thereafter. Specific provisions were made for school holidays, changeovers, healthcare, and prohibitions on alcohol consumption beyond the legal driving limit and smoking in the children's presence.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Natural Justice
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Procedural Fairness
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