Russell & Russell & Anor

Case

[2009] FamCA 28

22 January 2009


Details
AGLC Case Decision Date
Russell & Russell & Anor [2009] FamCA 28 [2009] FamCA 28 22 January 2009

CaseChat Overview and Summary

This matter concerned orders made by Justice Ryan regarding the living arrangements and time spent by a child with their parents and maternal grandmother. The dispute centred on the specific details of the child's time with each party, including school terms, holidays, birthdays, and communication protocols.

The court was required to determine the precise terms of the parenting orders, including when the child would live with the mother and father, and the schedule for the child to spend time with the maternal grandmother. This involved establishing a detailed timetable for the maternal grandmother's time with the child, which was to evolve over several years, as well as provisions for communication, school attendance, and parental conduct.

Justice Ryan made detailed orders concerning the child's living arrangements and time with the maternal grandmother, which were to commence from January 2009 and extend through to 2011. These orders included specific provisions for the child to live with both parents, and a progressively structured schedule for time with the maternal grandmother, encompassing school term and holiday periods, as well as arrangements for birthdays and public holidays. The court also made orders restraining the parents from denigrating each other in the child's presence, requiring the father to refrain from using illegal drugs while the child is in his care, and mandating the child's attendance at a specific school until the end of 2009. The orders incorporated a Fact Sheet detailing the obligations and consequences of contravention, and all outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Costs

  • Jurisdiction

Actions
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Cases Citing This Decision

88

PETERS & MARCH [2010] FamCA 151
Taraska & Taraska [2021] FCCA 1746
Leckner & Tomey [2021] FCCA 814
Cases Cited

4

Statutory Material Cited

4

Rice v Miller [1993] FamCA 87
Marvel & Marvel [2010] FamCAFC 101
Marvel & Marvel [2010] FamCAFC 101