Roberts and Waters

Case

[2014] FamCA 34

31 January 2014


Details
AGLC Case Decision Date
Roberts and Waters [2014] FamCA 34 [2014] FamCA 34 31 January 2014

CaseChat Overview and Summary

The case of Roberts and Waters involved a dispute between the parents of a child, B, born in April 2008. The matter came before Hannam J, who was tasked with determining the parenting arrangements for the child.

The court was required to determine the primary residence of the child, the extent of parental responsibility to be allocated to each parent, and the specific arrangements for the child to spend time with the father. This included establishing a detailed schedule for contact, considering school terms, holidays, special days, and the geographical location of the parents. The court also needed to address communication protocols between the parents, the father's involvement in the child's education and medical care, and provisions for supervised changeovers.

Hannam J discharged all previous orders and made new orders regarding the child's upbringing. The mother was granted sole parental responsibility and the child was ordered to live with her. The father was granted specific, time-limited periods of time with the child, with detailed provisions for changeovers at designated contact centres or alternative locations if necessary. The orders also stipulated that the father could remove the child from the Sydney Metropolitan area after a certain date and outlined specific arrangements for communication, information sharing regarding the child's health and education, and attendance at school or extracurricular events. The court also included orders restraining denigration of either parent in the child's presence and requiring the father to continue under the care of a clinical psychologist. All outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Briginshaw v Briginshaw [1938] HCA 34
G & C [2006] FamCA 994