Telling and Mines

Case

[2010] FamCA 658

23 July 2010


Details
AGLC Case Decision Date
Telling and Mines [2010] FamCA 658 [2010] FamCA 658 23 July 2010

CaseChat Overview and Summary

The case of *Telling and Mines* concerned parenting orders made by Bell J in the Federal Circuit Court of Australia. The dispute involved the Father and Mother regarding the care arrangements for their three children: S, K, and T. The court was required to make orders concerning parental responsibility, the children's living arrangements, and the time the children would spend with each parent.

The primary legal issues before the court were how to best promote the children's welfare and best interests, specifically in relation to establishing equal shared parental responsibility, determining with whom the children would live, and structuring the Father's time with the children. The court also addressed the practicalities of parental communication, the children's surnames, and the exchange of information regarding the children's health and education.

Bell J ordered that the Father and Mother have equal shared parental responsibility for the children, requiring them to consult and genuinely attempt to reach joint decisions on matters concerning the children. The children were ordered to live with the Mother. The court then detailed a comprehensive schedule for the Father's time with each child, which was to be progressively implemented and varied over time, with specific provisions for school holidays and special occasions. Further orders were made regarding the surname of one child, communication between parents, notification of medical treatment and health issues, access to educational information, and prohibitions against denigration of either parent in the children's presence. The matter was listed for review in 12 months.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Natural Justice

  • Procedural Fairness

  • Remedies

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