Robertson and Robertson

Case

[2008] FamCA 497

20 June 2008


Details
AGLC Case Decision Date
Robertson and Robertson [2008] FamCA 497 [2008] FamCA 497 20 June 2008

CaseChat Overview and Summary

This matter concerned orders made by consent between the mother and the father regarding their child, born in January 1995. The dispute centred on arrangements for parental responsibility, the child's living arrangements, and time spent with each parent. The orders also addressed the child's counselling, communication between parents and the child, and the involvement of other individuals in the child's life.

The court was required to determine the terms of consent orders governing the parties' parental responsibilities, including how major long-term decisions would be made. Key issues included the child's primary residence, the schedule for the child spending time with the father, and provisions for communication and information sharing between the parents. The court also needed to address specific arrangements for the child's counselling and the father's participation in the child's school and extracurricular activities.

The court made orders by consent of the parties and the Independent Children's Lawyer. It was ordered that the mother and father have equal shared parental responsibility and must consult on major long-term decisions. The child is to live with the mother, with specific provisions for the child to spend time with the father, including alternate weekends during school terms and defined periods during school holidays. The orders also detail arrangements for special days, communication protocols, and the non-denigration of each other by the parents. Furthermore, restrictions were placed on the child attending further counselling without specific referrals, and both parents were ordered to provide copies of the orders to the child's health practitioners. All prior orders were discharged, and other applications dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Procedural Fairness

  • Remedies

  • Standing

  • Statutory Construction

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