Tellam and Calhoon

Case

[2013] FCCA 1118

5 September 2013


Details
AGLC Case Decision Date
TELLAM & CALHOON [2013] FCCA 1118 [2013] FCCA 1118 5 September 2013

CaseChat Overview and Summary

This matter concerned the parenting arrangements for two children, [X] and [Y], born in 2008 and 2012 respectively, between their parents, the mother and the father. The proceedings were before Judge Brown.

The court was required to determine the nature of parental responsibility, the process for making major long-term decisions concerning the children, and the specific arrangements for the children to spend time with each parent. Additionally, the court needed to address communication protocols between the parents regarding the children's welfare, including health and education, and to establish orders concerning the children's living arrangements and holiday periods.

In its determination, the court ordered that the parties have equal shared parental responsibility for the children. This responsibility necessitates joint consultation on all major long-term decisions, including education, religious and cultural upbringing, health, names, and significant changes to living arrangements. If joint decisions could not be reached, the parties were directed to consult with a family dispute resolution practitioner. The court also made detailed orders regarding the father's time with each child, specifying durations and timings for weekends, school holidays, and end-of-year holidays, with provisions for these arrangements to evolve over time. Specific orders were also made for Christmas and Easter periods, including alternating arrangements and designated locations for exchanges.

The court further ordered that the children live with the mother and permitted her to reside with them in [V], Adelaide. Provisions were made for ongoing communication between the parents, including the use of a communication book and the authorisation for schools and medical practitioners to provide information to both parents. Injunctions were issued restraining both parents from denigrating the other in the children's presence or discussing the proceedings with the children. All extant applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Costs

  • Remedies

  • Jurisdiction

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Cases Citing This Decision

1

MEYER & SHIPTON (No.2) [2013] FCCA 2198
Cases Cited

8

Statutory Material Cited

0

Tellam and Calhoon [2013] FMCAfam 264
B & B [2006] FamCA 1207
Sayer v Radcliffe [2012] FamCAFC 209