Serbacic and Serbacic

Case

[2007] FamCA 853

2 August 2007


Details
AGLC Case Decision Date
Serbacic and Serbacic [2007] FamCA 853 [2007] FamCA 853 2 August 2007

CaseChat Overview and Summary

In *Serbacic and Serbacic*, Dessau J of the Family Court of Australia considered parenting orders concerning a daughter born in February 1995 and a son born in May 1999. The dispute involved the arrangements for the children's living situation, time spent with each parent, and parental responsibility.

The court was required to determine the specific orders regarding shared parental responsibility, where the children would live, and the detailed schedule for the children's time with the husband. Additionally, the court had to address ancillary matters such as the location of changeovers, prohibitions on smoking and corporal punishment, and the dismissal of previous parenting orders and the Independent Children's Lawyer.

Dessau J ordered the discharge of all previous parenting orders and established shared parental responsibility for major issues, requiring written agreement between the parties. The children were ordered to live with the wife, with a comprehensive schedule for the children's time with the husband, including alternate weekends, half of school holidays, specific public holidays, birthdays, and regular telephone contact. The court also mandated that changeovers occur at a designated public location, unless at school, and imposed prohibitions on smoking in the children's presence and the use of corporal punishment. All other parenting applications were dismissed, and the case was removed from the court's list.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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