Shepp and Shepp (No. 2)

Case

[2009] FamCA 727

17 July 2009


Details
AGLC Case Decision Date
Shepp and Shepp (No. 2) [2009] FamCA 727 [2009] FamCA 727 17 July 2009

CaseChat Overview and Summary

In Shepp and Shepp (No. 2), Burr J considered parenting orders concerning the child H, born in February 1995. The proceedings involved applications by the parties, and the court was required to determine the future parenting arrangements for H, including issues of parental responsibility, living arrangements, time spent with each parent, communication between parents and with the child, and interstate and overseas travel. The court also addressed the provision of information regarding H's schooling and medical care, and imposed certain injunctions relating to the child's welfare.

The court's reasoning led to the discharge of all previous current parenting orders, including injunctions. It established equal shared parental responsibility for H and ordered that H live with the mother, spending time with the father in accordance with H's wishes. Specific communication protocols were mandated, requiring parents to communicate about parenting matters via email, or text message only in emergencies, and to facilitate telephone communication between H and each parent. The orders also detailed requirements for notice, documentation, and communication during interstate and overseas travel, with specific provisions for H to discuss travel concerns with a school counsellor.

Further, the court imposed injunctions restraining the parties from taking H to licensed premises, with exceptions for certain restaurants and hotels under specific conditions, and prohibiting transport of H by a parent within eight hours of consuming alcohol. Both parents were also restrained from denigrating the other in H's presence, with a directive to remove H from such situations. The court also ordered the discharge of the Independent Children’s Lawyer and dismissed all pending parenting applications.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

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