Smythe and Gorrie

Case

[2018] FCCA 76

19 January 2018


Details
AGLC Case Decision Date
Smythe and Gorrie [2018] FCCA 76 [2018] FCCA 76 19 January 2018

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge Altobelli in the Federal Circuit and Family Court of Australia. The dispute involved the father and mother of two children, X and Y, born in 2006 and 2009 respectively. The court was required to determine the arrangements for the children's living arrangements, time with each parent, and parental responsibility.

The court was tasked with establishing orders that would govern the children's day-to-day lives, including who would have sole parental responsibility, where the children would live, and the specific schedule for their time with each parent. This encompassed detailed provisions for school terms, school holidays, Christmas, Mother's Day, and Easter long weekends. Additionally, the court needed to address communication between parents and children, the facilitation of contact, and restrictions on parental conduct towards the children and each other in the children's presence. The court also had to make orders regarding medical and educational information, travel, and passport arrangements.

Judge Altobelli made orders granting the Father sole parental responsibility for the children. The children were to live with the Father at all times they were not with the Mother, and specific, detailed arrangements were set out for the children's time with the Mother during school terms and holidays, including Christmas. The orders also included provisions for changeovers, communication between parents and children, and injunctions restraining both parents from abusing, denigrating, or exposing the children to domestic violence. Further orders stipulated that the Mother could not obtain referrals or make appointments for psychological or therapeutic services for the children without the Father's written consent, and detailed requirements for informing each other about medical appointments, diagnoses, medications, hospitalisations, school correspondence, and travel plans. The Father was to retain the children's passports.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

2

Smythe and Gorrie (No.2) [2018] FCCA 307
Cases Cited

1

Statutory Material Cited

2

MRR v GR [2010] HCA 4