SLASKI & WAY

Case

[2017] FCCA 1632

14 July 2017


Details
AGLC Case Decision Date
SLASKI & WAY [2017] FCCA 1632 [2017] FCCA 1632 14 July 2017

CaseChat Overview and Summary

This matter concerned orders made by Judge Mead regarding the parental responsibility and living arrangements for two children, [X] and [Y]. The dispute revolved around how the parents would share responsibility for the children and the specific times each parent would have the children in their care, including during school terms, school holidays, and special occasions.

The court was required to determine the most appropriate orders for equal shared parental responsibility, the specific living arrangements for each child, and provisions for communication and special occasions. Additionally, the court needed to address injunctions to restrain certain behaviours between the parents and to regulate their communication and decision-making regarding the children's activities and medical care.

The court ordered that the parties have equal shared parental responsibility for both children. Detailed provisions were made for the children to live with each parent during school terms, school holidays, and for specific public holidays and significant family days such as Mother's Day and Father's Day. The orders also included specific arrangements for communication between the children and the non-resident parent, and between the parents themselves, primarily via email for non-urgent matters and SMS for emergencies. Injunctions were granted restraining both parents from inflicting physical discipline, denigrating the other parent, or discussing proceedings in the presence of the children. Further injunctions were made regarding the father's brother and the parents' communication methods and decision-making regarding extracurricular and medical appointments. All previous orders were discharged, and extant applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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