Slade and McIntosh

Case

[2012] FamCA 260

11 April 2012


Details
AGLC Case Decision Date
Slade and McIntosh [2012] FamCA 260 [2012] FamCA 260 11 April 2012

CaseChat Overview and Summary

This matter concerned parenting orders made by Bell J in the Federal Circuit and Family Court of Australia. The parties, referred to as the Father and the Mother, sought to resolve disputes regarding the children F, M, and A.

The court was required to determine the primary caregiver for the children, the allocation of parental responsibility for major long-term issues, and the specific arrangements for the children's time with each parent, including communication, holidays, and school terms. The court also considered injunctions relating to the children's surname and the Mother's conduct concerning the children's residence and discussions about the proceedings.

Bell J ordered that all previous parenting orders and plans be discharged. The Father was granted sole parental responsibility for major long-term issues concerning the children, and the children were ordered to live with the Father. The orders detailed specific responsibilities for the daily care of the children when they were with each parent, and outlined extensive provisions for communication, information sharing between parents regarding the children's health and education, and respectful conduct towards the other parent. The court also established a phased approach to supervised and unsupervised time for the Mother with the children, contingent on a medical report assessing her parental capacity and mental stability. Injunctions were issued restraining the Mother from using any surname other than McINTOSH-SLADE for the children and from removing the children from the Father's care or residence other than in accordance with the orders, and from discussing the proceedings or attributing blame to the Father. The Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

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