Sargent and Selwyn (No.3)

Case

[2018] FCCA 2836

4 October 2018


Details
AGLC Case Decision Date
Sargent and Selwyn (No.3) [2018] FCCA 2836 [2018] FCCA 2836 4 October 2018

CaseChat Overview and Summary

In *Sargent and Selwyn (No.3)*, Judge Harland considered applications filed by the parties concerning parenting orders for their child, [X]. The proceedings involved disputes over parental responsibility, living arrangements, and time spent between the child and each parent.

The court was required to determine the appropriate parenting orders, including who would have sole parental responsibility, where the child would live, and the specific arrangements for the father's time with the child. Additionally, the court needed to address the discharge of previous parenting orders and consider various ancillary matters such as communication between parents regarding the child's welfare, medical information, school and extracurricular activities, and international travel. The court also had to consider an injunction regarding the disclosure of the mother's residential address and the discharge of the Independent Children's Lawyer.

Judge Harland discharged all previous parenting orders. The court made orders granting the mother sole parental responsibility and the child living with the mother. Specific arrangements were detailed for the father's time with the child during school terms and holidays, including provisions for special days and handover procedures. The court also issued an injunction restraining the mother from instructing the child to keep her residential address secret from the father. Further orders mandated communication protocols between the parents regarding the child's health, education, and social activities, and imposed restrictions on denigrating the other parent. Provisions were also made for obtaining an Australian passport for the child and for overseas travel.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

10

Statutory Material Cited

4

Sargent & Selwyn [2017] FamCAFC 228
Sargent and Selwyn (No.2) [2017] FCCA 3049
Waterford & Waterford [2013] FamCA 33