Snowdon and Snowdon

Case

[2019] FCCA 588

31 January 2019


Details
AGLC Case Decision Date
Snowdon and Snowdon [2019] FCCA 588 [2019] FCCA 588 31 January 2019

CaseChat Overview and Summary

In the matter of Snowdon and Snowdon, heard by Judge Young, the court was asked to determine parenting arrangements for two children, [X] and [Y]. The dispute concerned the division of parental responsibility, the children's living arrangements, and the specific times each parent would spend with the children.

The court was required to make orders regarding shared parental responsibility, the primary residence of the children, and detailed schedules for the children's time with each parent. These schedules were to be implemented in phases, with variations based on the children's ages and specific dates, including provisions for holidays and birthdays. The court also needed to address communication protocols between the parents, the use of mediation, and the process for obtaining and retaining passports for the children. Further issues included the parents' conduct towards each other and the children, including prohibitions on questioning children about the other parent, denigrating either parent, and exposure to family violence or substance abuse.

Judge Young ordered that the parties share equal parental responsibility for the children and that the children live with the mother. The court then set out a complex, phased schedule for the children's time with the father, commencing immediately and extending through to September 2019, with further provisions for ongoing arrangements. Specific orders were made concerning communication, including the use of a communication book and text messages or emails for non-urgent matters, and the facilitation of changeovers through Catholic Care, with a gradual transition to alternative locations under specific conditions. The court also mandated attendance at a parenting program and included injunctions restraining specific behaviours, such as questioning the children about the other parent or denigrating them.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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