Salway and Fegley (No.2)
Case
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[2014] FCCA 1452
•12 June 2014
Details
AGLC
Case
Decision Date
Salway and Fegley (No.2) [2014] FCCA 1452
[2014] FCCA 1452
12 June 2014
CaseChat Overview and Summary
In *Salway and Fegley (No.2)*, Judge Scarlett made orders concerning the parenting arrangements for three children. The dispute involved the mother and father regarding the children's living arrangements, time spent with each parent, and other related matters.
The court was required to determine the specific orders for parental responsibility, the children's residence, and the detailed schedule of time the children would spend with each parent. Additionally, the court addressed the practicalities of the children's travel between homes, the conduct of the parents in relation to each other and their extended families, and the involvement of a children's counsellor. The court also considered the necessity of family therapy.
Judge Scarlett ordered that all previous parenting orders be suspended, except for one specific order made on 2 April 2014. The court established equal shared parental responsibility for the children and ordered that the children live with the mother. A detailed schedule was set out for the children's time with the father, encompassing alternate weekends, mid-week time, and specific arrangements for school holidays, birthdays, and other significant dates. The orders also included provisions for the children's belongings, a restraint on denigrating the other parent or their family, and a prohibition on issuing further subpoenas to the children's counsellor, emphasizing the therapeutic nature of such counselling. Finally, the parties were directed to engage in family therapy.
The court was required to determine the specific orders for parental responsibility, the children's residence, and the detailed schedule of time the children would spend with each parent. Additionally, the court addressed the practicalities of the children's travel between homes, the conduct of the parents in relation to each other and their extended families, and the involvement of a children's counsellor. The court also considered the necessity of family therapy.
Judge Scarlett ordered that all previous parenting orders be suspended, except for one specific order made on 2 April 2014. The court established equal shared parental responsibility for the children and ordered that the children live with the mother. A detailed schedule was set out for the children's time with the father, encompassing alternate weekends, mid-week time, and specific arrangements for school holidays, birthdays, and other significant dates. The orders also included provisions for the children's belongings, a restraint on denigrating the other parent or their family, and a prohibition on issuing further subpoenas to the children's counsellor, emphasizing the therapeutic nature of such counselling. Finally, the parties were directed to engage in family therapy.
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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Injunction
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Costs
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Procedural Fairness
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Remedies
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