Reisner and Reisner (No. 2)
Case
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[2010] FamCA 678
•4 August 2010
Details
AGLC
Case
Decision Date
Reisner and Reisner (No. 2) [2010] FamCA 678
[2010] FamCA 678
4 August 2010
CaseChat Overview and Summary
This case concerned parenting orders for a child born in October 2002. The dispute involved the parents' arrangements for the child's living arrangements, time spent with each parent, and decision-making responsibilities. The matter came before Stevenson J.
The court was required to determine the specific orders regarding the child's residence, the allocation of parental responsibility for day-to-day decisions, and the detailed arrangements for the child's time with each parent, including during school terms, holidays, and special occasions. Additionally, the court needed to address provisions for information sharing between parents regarding the child's education and wellbeing, and specific supervision requirements concerning the paternal grandfather.
Stevenson J discharged all existing parenting orders and made new orders. The child was ordered to live with the mother, with each parent having sole responsibility for day-to-day decisions while the child was in their care. The court then set out detailed provisions for the child's time with the father, including alternate weekends, mid-week time, and specific arrangements for Christmas, school holidays, birthdays, and Father's Day. Provisions were also made for the child to spend time with the mother when in the father's care, including on birthdays and Mother's Day. The orders also stipulated changeover locations, parental access to information about the child's welfare and education, and importantly, required the father to personally supervise all contact between the child and the paternal grandfather, ensuring they were never alone together. Finally, the court ordered that the child attend upon a psychologist or social worker to explain the orders and advise on the reintroduction of the child to the paternal grandfather, with particulars of obligations and consequences for contravention set out in an attached Fact Sheet.
The court was required to determine the specific orders regarding the child's residence, the allocation of parental responsibility for day-to-day decisions, and the detailed arrangements for the child's time with each parent, including during school terms, holidays, and special occasions. Additionally, the court needed to address provisions for information sharing between parents regarding the child's education and wellbeing, and specific supervision requirements concerning the paternal grandfather.
Stevenson J discharged all existing parenting orders and made new orders. The child was ordered to live with the mother, with each parent having sole responsibility for day-to-day decisions while the child was in their care. The court then set out detailed provisions for the child's time with the father, including alternate weekends, mid-week time, and specific arrangements for Christmas, school holidays, birthdays, and Father's Day. Provisions were also made for the child to spend time with the mother when in the father's care, including on birthdays and Mother's Day. The orders also stipulated changeover locations, parental access to information about the child's welfare and education, and importantly, required the father to personally supervise all contact between the child and the paternal grandfather, ensuring they were never alone together. Finally, the court ordered that the child attend upon a psychologist or social worker to explain the orders and advise on the reintroduction of the child to the paternal grandfather, with particulars of obligations and consequences for contravention set out in an attached Fact Sheet.
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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Costs
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Discovery
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Jurisdiction
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Remedies
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Statutory Construction
Actions
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Most Recent Citation
Hazan & Elias [2011] FamCA 376
Cases Cited
4
Statutory Material Cited
0
Dennison & Wang
[2010] FamCAFC 182
Sayer v Radcliffe
[2012] FamCAFC 209
M v M
[1988] HCA 68