Stonelake and Verboom and Anor

Case

[2014] FamCA 434

20 June 2014


Details
AGLC Case Decision Date
Stonelake and Verboom and Anor [2014] FamCA 434 [2014] FamCA 434 20 June 2014

CaseChat Overview and Summary

This matter concerned parenting orders sought by the father, Mr. Verboom, and the mother, Ms. Stonelake, regarding their child, R. The court was required to determine the arrangements for the child's long-term and day-to-day care, including living arrangements, time spent with each parent, and parental responsibility for significant decisions.

The court was tasked with determining who should have sole parental responsibility for long-term issues such as education, health, and religious instruction, and how decisions in these areas should be made between the parents. Further, the court needed to establish the child's primary residence and the specific schedule for the child to spend time with the mother, including provisions for school holidays and special occasions. The court also had to consider and make orders regarding the communication between parents, the child's medical care, and restrictions on certain behaviours, such as social media posting and recording communications.

Cleary J ordered that the father have sole parental responsibility for long-term issues concerning the child, R, including education, health, and religious instruction. In making long-term decisions, the father is required to advise the mother in writing of the issue and his proposal, and must take into account any response or alternative proposal from the mother within 28 days before making a final decision. The child will live with the father, and both parents will have responsibility for the child's day-to-day care when the child is with them. Specific arrangements were detailed for the child's time with the mother, including during school terms, school holidays, and on Mother's Day and Father's Day weekends. The orders also included provisions for communication, medical care, and prohibitions against denigrating each other or discussing proceedings in the child's presence, as well as restrictions on recording communications.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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