Sheffield and Oakes
Case
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[2013] FamCA 183
•26 March 2013
Details
AGLC
Case
Decision Date
SHEFFIELD & OAKES
[2013] FamCA 183
[2013] FamCA 183
26 March 2013
CaseChat Overview and Summary
In the matter of *Sheffield and Oakes*, Benjamin J of the Family Court of Australia considered parenting orders concerning a child, S Oakes-Sheffield. The dispute involved the mother, Ms Oakes, and the father, Mr Sheffield, regarding the child's upbringing and living arrangements.
The court was required to determine the appropriate parenting orders, including issues of parental responsibility, the child's residence, educational arrangements, and the nature and extent of the child's time and communication with the father. The court also had to consider the father's right to access information regarding the child's schooling and the implications of contravening any orders made.
Benjamin J vacated all previous parenting orders. The court ordered that the mother have sole parental responsibility for the child, with the child to live with the mother. The mother was permitted to enrol the child at N School. Crucially, the court stipulated that the child would spend time with and communicate with the father as the child decided, and the father could make enquiries of teachers and receive school reports subject to the child's consent. The court also incorporated a Fact Sheet detailing the obligations and consequences of contravention of these orders.
The court was required to determine the appropriate parenting orders, including issues of parental responsibility, the child's residence, educational arrangements, and the nature and extent of the child's time and communication with the father. The court also had to consider the father's right to access information regarding the child's schooling and the implications of contravening any orders made.
Benjamin J vacated all previous parenting orders. The court ordered that the mother have sole parental responsibility for the child, with the child to live with the mother. The mother was permitted to enrol the child at N School. Crucially, the court stipulated that the child would spend time with and communicate with the father as the child decided, and the father could make enquiries of teachers and receive school reports subject to the child's consent. The court also incorporated a Fact Sheet detailing the obligations and consequences of contravention of these orders.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Procedural Fairness
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Citations
SHEFFIELD & OAKES
[2013] FamCA 183
Most Recent Citation
RAGENDI & RAGENDI [2013] FamCA 780
Cases Citing This Decision
2
RAGENDI & RAGENDI
[2013] FamCA 780
Gallerado and Brettingham
[2013] FamCA 908
Cases Cited
4
Statutory Material Cited
1
Heath & Hemming (No 2)
[2011] FamCA 749
Lange v Australian Broadcasting Corporation
[1997] HCA 25
Taylor & Barker
[2007] FamCA 1246