Shelton and Bloomfield

Case

[2007] FamCA 311

20 February 2007


Details
AGLC Case Decision Date
Shelton and Bloomfield [2007] FamCA 311 [2007] FamCA 311 20 February 2007

CaseChat Overview and Summary

This matter concerned orders made by Jordan J regarding the living arrangements and time spent with two sons, born in September 1999 and March 2002, respectively. The primary dispute revolved around the children living with their mother and the mother's proposed relocation from W to the M area. The court also addressed the father's time with the children, shared parental responsibility for major decisions, and communication protocols between the parents.

The court was required to determine the specific arrangements for the children's residence, including whether to permit the mother to relocate with them. Further issues included the division of time the children would spend with each parent, the nature of their shared responsibility for significant decisions concerning the children's welfare, and the mechanisms for communication and information sharing between the parents regarding the children's health, education, and social activities. The court also had to consider the duration of these orders and the potential for their review.

Jordan J made orders that the children would live with the mother and permitted her to relocate to the M area. The parents were to share responsibility for major decisions, and detailed provisions were set out for the father's time with the children, including specific weekend and holiday arrangements, as well as telephone communication. The orders also stipulated that the mother would keep the father informed of various aspects of the children's lives, including medical issues, school matters, and social events, and that both parents would make genuine efforts to reach joint decisions on education and health. In the event of an inability to agree on long-term issues, the parties were directed to participate in family dispute resolution. The orders were to remain in force until the elder child turned 12, at which point they were to be reviewed. The court also included a fact sheet detailing the obligations and consequences of contravention, pursuant to sections 65DA(2) and 62B of the Family Law Act.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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