STEVENSON & SHEPHERD
Case
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[2015] FCCA 1306
•21 May 2015
Details
AGLC
Case
Decision Date
Stevenson and Shepherd [2015] FCCA 1306
[2015] FCCA 1306
21 May 2015
CaseChat Overview and Summary
This matter concerned an application to vary final parenting orders made between the parties, identified as Stevenson and Shepherd. The dispute centred on the terms governing the time children would spend with each parent, communication between parents and children, and the definition of school holiday periods. The decision was made by Judge Kemp.
The court was required to determine the specific variations to be made to existing parenting orders. These included amendments to the commencement of parental time during school holidays, the father's ability to invite children to special occasions, travel restrictions for the children, and the discharge of certain previous orders relating to communication and the role of an Independent Children's Lawyer. The court also needed to consider provisions for Mother's Day and Father's Day, and the care of the child during specific holidays and birthdays.
The variations to the parenting orders were made by consent of the parties. The court applied the principle that consent orders in family law matters reflect the agreement of the parties regarding the best interests of the child. The reasoning involved a detailed amendment of specific clauses within the existing orders to reflect the agreed-upon arrangements. This included substituting permissive language for mandatory language, clarifying communication protocols, and redefining the temporal parameters of school holidays to facilitate clearer changeovers.
By consent, the court varied the final parenting orders as detailed in the judgment. The mother's Initiating Application and the father's Response were otherwise dismissed. The appointment of the Independent Children's Lawyer was discharged, and the matter was removed from the active pending cases list. The court also noted that the child would remain in the care of the parent currently with her for Easter, Christmas, and her birthday, unless otherwise agreed in writing.
The court was required to determine the specific variations to be made to existing parenting orders. These included amendments to the commencement of parental time during school holidays, the father's ability to invite children to special occasions, travel restrictions for the children, and the discharge of certain previous orders relating to communication and the role of an Independent Children's Lawyer. The court also needed to consider provisions for Mother's Day and Father's Day, and the care of the child during specific holidays and birthdays.
The variations to the parenting orders were made by consent of the parties. The court applied the principle that consent orders in family law matters reflect the agreement of the parties regarding the best interests of the child. The reasoning involved a detailed amendment of specific clauses within the existing orders to reflect the agreed-upon arrangements. This included substituting permissive language for mandatory language, clarifying communication protocols, and redefining the temporal parameters of school holidays to facilitate clearer changeovers.
By consent, the court varied the final parenting orders as detailed in the judgment. The mother's Initiating Application and the father's Response were otherwise dismissed. The appointment of the Independent Children's Lawyer was discharged, and the matter was removed from the active pending cases list. The court also noted that the child would remain in the care of the parent currently with her for Easter, Christmas, and her birthday, unless otherwise agreed in writing.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness
Actions
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Citations
Stevenson and Shepherd [2015] FCCA 1306
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
SHEPHERD & STEVENSON
[2013] FCCA 110
Carriel & Lendrum
[2015] FamCAFC 43
Calvert & Calvert
[2008] FMCAfam 101