Solder and McCabe
Case
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[2007] FamCA 1672
•20 March 2007
Details
AGLC
Case
Decision Date
Solder and McCabe [2007] FamCA 1672
[2007] FamCA 1672
20 March 2007
CaseChat Overview and Summary
The matter before the Court concerned orders relating to the care of a child, with the father and the independent children's lawyer consenting to the terms of the minute of orders presented. The court was asked to determine the specific arrangements for the child's living arrangements, parental responsibility, and time spent with each parent, as well as to address ancillary matters including costs and the discharge of the independent children's lawyer.
The court was required to determine the specific terms of parenting orders, including where the child would live, how parental responsibility would be shared for long-term issues and day-to-day care, and the detailed schedule for the child's time with each parent. Additionally, the court needed to consider and make orders regarding the father's application for costs, the discharge of the independent children's lawyer, and the inclusion of particulars regarding contravention of orders.
By consent, the court ordered that all previous orders be discharged and that the child live with the father. The parties were to have equal shared parental responsibility for major long-term issues, with the father having sole responsibility for specific decisions regarding schooling, organised sporting activities, and medical treatment for a gastro-intestinal condition. Detailed provisions were made for the child's time with the mother, including alternate weekends, school holidays, and specific days such as birthdays and Mother's Day. The father was also granted specific time with the child, including during school holidays and on his birthday. The court also made orders restraining the mother from removing the child from school early, prohibiting physical discipline, restricting contact with Mr P McCabe except under supervision, and requiring both parents to refrain from criticising each other in the child's presence. Further orders addressed transportation safety, smoking in the child's presence, discussions about proceedings, the use of a communication book, the child's surname, and notification of medical consultations and changes of address. The father was to file any application for costs by a specified date, with the mother to file a response, and the costs application was listed for hearing.
The court was required to determine the specific terms of parenting orders, including where the child would live, how parental responsibility would be shared for long-term issues and day-to-day care, and the detailed schedule for the child's time with each parent. Additionally, the court needed to consider and make orders regarding the father's application for costs, the discharge of the independent children's lawyer, and the inclusion of particulars regarding contravention of orders.
By consent, the court ordered that all previous orders be discharged and that the child live with the father. The parties were to have equal shared parental responsibility for major long-term issues, with the father having sole responsibility for specific decisions regarding schooling, organised sporting activities, and medical treatment for a gastro-intestinal condition. Detailed provisions were made for the child's time with the mother, including alternate weekends, school holidays, and specific days such as birthdays and Mother's Day. The father was also granted specific time with the child, including during school holidays and on his birthday. The court also made orders restraining the mother from removing the child from school early, prohibiting physical discipline, restricting contact with Mr P McCabe except under supervision, and requiring both parents to refrain from criticising each other in the child's presence. Further orders addressed transportation safety, smoking in the child's presence, discussions about proceedings, the use of a communication book, the child's surname, and notification of medical consultations and changes of address. The father was to file any application for costs by a specified date, with the mother to file a response, and the costs application was listed for hearing.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Injunction
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Costs
Actions
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Citations
Solder and McCabe [2007] FamCA 1672
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Statutory Material Cited
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