Tansley and Cooper

Case

[2016] FCCA 48

15 January 2016


Details
AGLC Case Decision Date
Tansley and Cooper [2016] FCCA 48 [2016] FCCA 48 15 January 2016

CaseChat Overview and Summary

This matter concerned an application by the Applicant Father and Respondent Mother regarding the parenting arrangements for their child, X. The court was required to make orders concerning the child's care, welfare, and development.

The court was tasked with determining issues of parental responsibility, including equal shared parental responsibility for long-term matters and sole parental responsibility for day-to-day decisions. Further, the court had to establish specific time arrangements for the child to spend with each parent, including during school terms, school holidays, and on significant dates. The court also needed to address practical matters such as communication protocols, changeover arrangements, notification of emergencies, travel provisions, passport arrangements, and the child's schooling.

The court ordered equal shared parental responsibility for long-term matters, requiring written communication between the parents for such decisions. Sole parental responsibility for day-to-day matters was vested in the parent with whom the child was in care. Detailed time orders were made for the Father's time with the child, with provisions that adjusted as the child aged, covering school terms, school holidays, and specific annual events. The court also stipulated changeover locations, notification requirements for emergencies and address changes, and comprehensive procedures for interstate and international travel, including passport management and communication during overseas travel. Finally, orders were made regarding the child's enrolment in school, parental attendance at school events, and a restriction on relocating the child's residence from the Sydney Metropolitan Area.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

2

Re G: Children's Schooling [2000] FamCA 462