Somers & Somers (No 2)

Case

[2010] FamCA 1152

17 December 2010


Details
AGLC Case Decision Date
Somers & Somers (No 2) [2010] FamCA 1152 [2010] FamCA 1152 17 December 2010

CaseChat Overview and Summary

In *Somers & Somers (No 2)*, Cronin J considered parenting orders concerning a child named L. The dispute involved the parents' responsibilities and the child's living arrangements.

The court was required to determine the extent of each parent's responsibility for major long-term decisions regarding the child's education and health, and to establish a parenting regime that included the child's living arrangements and time spent with each parent. The court also had to consider injunctions and information-sharing protocols between the parents, as well as the role of a family consultant and the discharge of the Independent Children's Lawyer.

Cronin J ordered the discharge of all existing parenting orders. The father was granted sole parental responsibility for major long-term decisions concerning the child's education and health, while both parents shared equal responsibility for other matters. The child was ordered to live with the father, with specific provisions for the child's time spent with the mother, which varied depending on the child's age and schooling. An injunction was placed on the mother, restraining her from taking the child to any health professional without the father's permission, except in emergencies, though she retained the right to attend medical consultations and school events. The father was ordered to keep the mother informed in writing of major long-term decisions, and both parents were to inform each other of any significant illness or accident involving the child. The court also ordered the supervision of compliance with the orders by a family consultant and mandated that both parents attend a parenting course.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 34