SPENCE & GRECO

Case

[2015] FCCA 676

19 June 2015


Details
AGLC Case Decision Date
SPENCE & GRECO [2015] FCCA 676 [2015] FCCA 676 19 June 2015

CaseChat Overview and Summary

This matter concerned orders made by Judge Newbrun regarding parental responsibility and time spent with a child, [X], born in 2001. The dispute involved the mother and father of the child, with the court tasked with determining the arrangements for the child's upbringing and contact with both parents.

The court was required to determine the extent of parental responsibility for major long-term issues concerning the child, the specific arrangements for the child spending time with the father, and the father's attendance at the child's school and extracurricular activities. Additionally, the court needed to address the practicalities of facilitating these arrangements, including communication between the parents, the father's financial contribution to the child's time with him, and provisions for the child's travel.

The court ordered that the mother have sole parental responsibility for all major long-term issues, subject to specific notification and consideration requirements regarding the father's input. The child was to spend time with the father on specified dates and for a duration of four hours on each occasion, with the father responsible for the costs associated with this time. The father was also permitted to attend school and extracurricular functions allowing parental attendance up to a certain date, after which arrangements would be guided by the child's wishes, with a specific exception for school activities. Further orders detailed the process for arranging contact, including the mother providing a list of activities and the father providing notice of his selections. The court also made orders regarding communication between the parents and the child, including the exchange of correspondence and gifts, and mutual notification of significant information. Both parents were restrained from denigrating each other in the child's presence. Finally, the mother was permitted to travel with the child outside of Australia for holidays, subject to providing the father with travel details and cooperating in obtaining necessary travel documents for the child.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Procedural Fairness

  • Consent

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209