Sargent and Selwyn (No.2)

Case

[2017] FCCA 3049

7 December 2017


Details
AGLC Case Decision Date
Sargent and Selwyn (No.2) [2017] FCCA 3049 [2017] FCCA 3049 7 December 2017

CaseChat Overview and Summary

In *Sargent and Selwyn (No.2)*, Judge Baumann of the Federal Circuit Court of Australia considered orders relating to the parental responsibility, living arrangements, and time spent with a child born in 2012. The dispute concerned the arrangements for the child following separation of the parents.

The court was required to determine the specific orders concerning equal shared parental responsibility, the child's living arrangements, and the detailed schedule for the child to spend time with each parent, including during school holidays and specific dates. Further issues included provisions for medical treatment, communication between parents regarding the child's health, restrictions on physical discipline, and arrangements for international travel and passport custody. The court also set directions for future proceedings, including the filing of evidence, case outlines, and the potential cross-examination of a family report writer.

The court made orders reflecting a shared parental responsibility model, with the child to live with the mother. A detailed schedule was established for the child's time with the father during school terms, and specific provisions were made for holiday periods, including Christmas Eve and Christmas Day. The court also imposed injunctions restraining the recording of changeovers and set out requirements for notification and consent regarding overseas travel. The proceedings were adjourned for further directions pending the availability of a family report, with a final hearing date set for April 2018.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

  • Remedies

  • Discovery

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1

Sargent and Selwyn (No.3) [2018] FCCA 2836
Cases Cited

3

Statutory Material Cited

2

Sargent & Selwyn [2017] FamCAFC 228
Goode & Goode [2006] FamCA 1346
Banks & Banks [2015] FamCAFC 36