Savard and Gerber

Case

[2016] FCCA 1136

17 May 2016


Details
AGLC Case Decision Date
Savard and Gerber [2016] FCCA 1136 [2016] FCCA 1136 17 May 2016

CaseChat Overview and Summary

This matter concerned orders made by Judge Newbrun regarding the parental responsibilities and time arrangements for a child, X, born in 2008. The dispute involved the parents, Mr Savard and Ms Gerber, and sought to establish clear guidelines for their shared care and decision-making concerning their child.

The court was required to determine the extent of equal shared parental responsibility for major long-term decisions, the primary residence of the child, and the specific arrangements for the father's time with the child during school terms and holidays. Additionally, the court needed to address communication protocols between the parents, their involvement in the child's education and medical care, and provisions relating to the child's passport and overseas travel.

Judge Newbrun ordered that the parents would have equal shared parental responsibility for major long-term decisions concerning the child. The child was to live with the mother, while the father was granted specific periods of time with the child during school terms, including alternate weekends and defined periods during school holidays. The orders also stipulated that both parents were to refrain from making derogatory remarks about the other in the child's presence, to keep each other informed of their contact details, and to cooperate regarding the child's education and medical treatment. Provisions were made for obtaining and retaining the child's passport, with specific conditions for overseas travel. The court also ordered that the child be removed from the Airport Watch List and established guidelines for telephone contact when the child was with the other parent. Finally, the orders mandated mediation for any future disputes regarding parental responsibilities.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

  • Injunction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209