SHIVELY & GANN (No.2)
Case
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[2020] FCCA 1052
•8 May 2020
Details
AGLC
Case
Decision Date
Shively and Gann (No.2) [2020] FCCA 1052
[2020] FCCA 1052
8 May 2020
CaseChat Overview and Summary
In the matter of SHIVELY & GANN (No.2), Judge Burchardt considered parenting orders concerning the child X. The dispute involved the father's time with the child, specifically the basis for its recommencement, the progression to overnight stays, and arrangements for school holidays. The court was tasked with determining the appropriate final parenting orders.
The court was required to determine the terms of the father's time with the child, including whether it should initially be supervised, when it should progress to overnight stays, and the specific arrangements for school holidays. Additionally, the court had to decide whether to make final orders at that time and address the father's drug use and the location for changeovers.
The court made final orders discharging previous parenting orders and granting the mother sole parental responsibility. The father's time with the child was structured to recommence on alternate weekends with daytime contact, progressing to overnight stays after four such weekends. Specific provisions were made for school holidays, the child's birthday, Father's Day, and other significant dates. The father was restrained from using illicit drugs while the child was in his care and ordered to undergo drug testing and continue with psychological treatment. Changeovers were to occur at the paternal grandmother's home, with provisions for alternative secure locations if necessary. The court also made orders regarding communication between the parties, travel, and the retention of the child's passport.
The court was required to determine the terms of the father's time with the child, including whether it should initially be supervised, when it should progress to overnight stays, and the specific arrangements for school holidays. Additionally, the court had to decide whether to make final orders at that time and address the father's drug use and the location for changeovers.
The court made final orders discharging previous parenting orders and granting the mother sole parental responsibility. The father's time with the child was structured to recommence on alternate weekends with daytime contact, progressing to overnight stays after four such weekends. Specific provisions were made for school holidays, the child's birthday, Father's Day, and other significant dates. The father was restrained from using illicit drugs while the child was in his care and ordered to undergo drug testing and continue with psychological treatment. Changeovers were to occur at the paternal grandmother's home, with provisions for alternative secure locations if necessary. The court also made orders regarding communication between the parties, travel, and the retention of the child's passport.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Remedies
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Procedural Fairness
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Injunction
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Costs
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Natural Justice
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Res Judicata
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Citations
Shively and Gann (No.2) [2020] FCCA 1052
Cases Citing This Decision
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Statutory Material Cited
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