Rushbrook and Rushbrook

Case

[2018] FCCA 1846

10 July 2018


Details
AGLC Case Decision Date
Rushbrook and Rushbrook [2018] FCCA 1846 [2018] FCCA 1846 10 July 2018

CaseChat Overview and Summary

In *Rushbrook and Rushbrook*, the Applicant Wife and Respondent Husband sought orders concerning the parenting arrangements for their two children, born in 2006 and 2010. The proceedings were before Judge Harland.

The court was required to determine the nature of parental responsibility and the specific time arrangements for the children, including during school terms, school holidays, and on significant family days. Additionally, the court needed to address issues of parental access to school information, medical treatment details, and the circumstances under which parental time might be suspended. The court also considered the need for injunctions to prevent denigration of a parent, discussion of proceedings in the children's presence, and the use of corporal punishment.

Judge Harland made orders establishing equal shared parental responsibility for the children. The children were ordered to live with the mother, provided she resided within a 15-kilometre radius of their schools. Specific time arrangements were detailed for the father during school terms, including alternating weekends, and for school holidays, including half of all term and summer holidays. Further provisions were made for time on Father's Day, the father's birthday, the children's birthdays, and religious holidays, with specific default arrangements in the absence of agreement. The father's time was to be suspended on Mother's Day, the mother's birthday, the children's birthdays, and religious holidays, with specific conditions. The court also ordered that both parents have access to school notices and reports, be entitled to attend school functions, and inform each other of medical treatment and treating professionals. Injunctions were granted restraining denigration of a parent, discussion of proceedings in front of the children, and the use of corporal punishment. Provisions were also made for notification of significant events, changes in contact details, and the process for collecting children during changeovers.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

GOODNER & JEPPESEN [2012] FamCA 463
Heath & Hemming (No 2) [2011] FamCA 749
Waterford & Waterford [2013] FamCA 33