Smoothe and Enmore
Case
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[2016] FamCA 275
•28 April 2016
Details
AGLC
Case
Decision Date
Smoothe and Enmore [2016] FamCA 275
[2016] FamCA 275
28 April 2016
CaseChat Overview and Summary
In the matter of Smoothe and Enmore, Forrest J of the Federal Circuit Court of Australia made orders concerning the parenting of a child, R, born in 2009. The dispute involved the parents' arrangements for the child's living arrangements, parental responsibility, and time spent with each parent.
The court was required to determine the primary living arrangements for the child, the allocation of parental responsibility for major long-term issues, and the specific time the child would spend with each parent. Additionally, the court needed to establish communication protocols between the parents and the child, and address restrictions on parental conduct concerning the child and the proceedings.
Forrest J ordered that all previous parenting orders be discharged. The child was to live with the father, who was granted sole parental responsibility for decisions regarding major long-term issues, with a requirement to inform and consider the mother's input. Detailed provisions were made for the child's time with the mother, including specific arrangements for school holidays and public holidays, as well as communication and conduct provisions designed to protect the child from parental conflict and denigration. The court also imposed specific restrictions on the mother concerning medical examinations and counselling for the child, and outlined procedures for school attendance and information sharing. The Independent Children's Lawyer was discharged, and the mother was ordered to pay the father's costs for the first day of the trial.
The court was required to determine the primary living arrangements for the child, the allocation of parental responsibility for major long-term issues, and the specific time the child would spend with each parent. Additionally, the court needed to establish communication protocols between the parents and the child, and address restrictions on parental conduct concerning the child and the proceedings.
Forrest J ordered that all previous parenting orders be discharged. The child was to live with the father, who was granted sole parental responsibility for decisions regarding major long-term issues, with a requirement to inform and consider the mother's input. Detailed provisions were made for the child's time with the mother, including specific arrangements for school holidays and public holidays, as well as communication and conduct provisions designed to protect the child from parental conflict and denigration. The court also imposed specific restrictions on the mother concerning medical examinations and counselling for the child, and outlined procedures for school attendance and information sharing. The Independent Children's Lawyer was discharged, and the mother was ordered to pay the father's costs for the first day of the trial.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
Smoothe and Enmore [2016] FamCA 275
Most Recent Citation
Smithers and Gill [2018] FamCA 28
Cases Cited
2
Statutory Material Cited
2
M v M
[1988] HCA 68
Briginshaw v Briginshaw
[1938] HCA 34
Briginshaw v Briginshaw
[1938] HCA 34