Selleck and Albin (No 2)

Case

[2020] FamCA 733

17 August 2020


Details
AGLC Case Decision Date
Selleck and Albin (No 2) [2020] FamCA 733 [2020] FamCA 733 17 August 2020

CaseChat Overview and Summary

In *Selleck and Albin (No 2)*, Baumann J of the Federal Circuit Court of Australia made orders concerning the parental responsibility, living arrangements, and communication between the parents of two children, X and Y. The dispute centred on how the parents would share responsibility for and time with their children following separation.

The court was required to determine the specific arrangements for parental responsibility, including how major long-term decisions would be made, and to establish detailed orders for the children's living arrangements and time spent with each parent. Further issues included the nature of communication between the parents, the exchange of information regarding the children's welfare and education, and specific provisions regarding supervision, psychological treatment, and restraints on parental conduct. The court also considered the discharge of the Independent Children's Lawyer and the listing of any future applications to vary certain orders.

Baumann J discharged all previous parenting orders and made new orders allocating sole parental responsibility for X to the father and for Y to the mother, with specific requirements for each parent to consult the other on major long-term issues. The orders detailed extensive provisions for X's living arrangements with the father and time with the mother, including alternate weekends and school holidays, with specific arrangements for Christmas and birthdays. Y was ordered to live with the mother and spend time with the father at Y's election. The court also imposed strict supervision requirements for the children when together, mandated the use of a communication device for X, and set out detailed protocols for changeovers, communication, and the exchange of information. Provisions were also made for psychological treatment for both children and for the mother's ongoing counselling, along with restraints on exposing the children to inappropriate material and the presence of a specific individual, Z, when X is in care. The Independent Children's Lawyer was discharged upon the provision of specified reports and an explanation of the orders to X.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Procedural Fairness

  • Standing

  • Appeal

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