TABBERT & ACTON

Case

[2020] FCCA 752

16 April 2020


Details
AGLC Case Decision Date
TABBERT & ACTON [2020] FCCA 752 [2020] FCCA 752 16 April 2020

CaseChat Overview and Summary

This matter concerned parenting arrangements for a child, X, born in 2016, between Ms Tabbert (the Mother) and Mr Acton (the Father). The court was required to determine the specific orders for X's living arrangements, time spent with each parent, and related matters including holidays, special occasions, travel, communication, education, medical care, and injunctions.

The court ordered that the Mother and Father would have equal shared parental responsibility for X. X was to live with the Mother and Father on an alternating weekly basis, with specific times for changeovers detailed. The orders also stipulated arrangements for X to spend time with each parent on special occasions, including birthdays and public holidays, with provisions for alternating which parent X spends time with on X's birthday and Christmas. School holidays were to be divided equally, with specific arrangements for term holidays, summer holidays, and Easter, also alternating between the parents in even and odd years.

Further provisions addressed handover procedures, requiring changeovers to occur at the parties' homes on non-school days and at X's school on school days. The orders specified that changeovers should not be prolonged and that comforting X should be undertaken by the parent into whose care she is going. The court also made orders regarding travel with X, requiring notice periods and the provision of travel details to the non-travelling parent, as well as arrangements for X's passport. Communication between the parties concerning X was to primarily occur via a parenting communication app, with exceptions for emergencies. The orders also included provisions for X's education and medical care, requiring both parents to be named on enrolment forms and to be informed of medical matters. Finally, injunctions were imposed restraining both parties from denigrating the other or their family members in X's presence and from using physical punishment when disciplining X.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Luxton v Vines [1952] HCA 19
Jones v Dunkel [1959] HCA 9