Small and Small

Case

[2016] FamCA 433

2 June 2016


Details
AGLC Case Decision Date
Small and Small [2016] FamCA 433 [2016] FamCA 433 2 June 2016

CaseChat Overview and Summary

In the matter of *Small and Small*, heard before Berman J, the dispute concerned parenting orders for two children, C and D. The orders sought to establish the future arrangements for the children's care, contact, and information sharing between their parents.

The court was required to determine the appropriate allocation of parental responsibility, the primary residence of the children, and the nature and extent of the father's future contact and access to information about the children. Additionally, the court considered the need for orders restraining denigration of either parent in the children's presence and the discharge of an Independent Children's Lawyer.

Berman J ordered that the mother have sole parental responsibility for the children and that they live with her. The father was granted limited liberty to send cards, letters, and gifts monthly, with the mother to ensure these were provided to the children. The father was authorised to receive information regarding the children's attendance and progress from their school at his expense and to speak with school representatives concerning their education. The mother was also ordered to provide the father with the contact details of the children's medical and educational specialists and to authorise his access to their records. Furthermore, the mother was directed to provide the father with current photos of the children every three months. Both parents were restrained from denigrating each other in the children's presence. The order appointing the Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Injunction

Actions
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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

1

Amador & Amador [2009] FamCAFC 196
MALUKA & MALUKA [2012] FamCA 373
Baglio & Baglio [2013] FamCA 105