Tolbert and Tolbert (No 2)

Case

[2016] FamCA 532

19 May 2016


Details
AGLC Case Decision Date
Tolbert and Tolbert (No 2) [2016] FamCA 532 [2016] FamCA 532 19 May 2016

CaseChat Overview and Summary

In *Tolbert and Tolbert (No 2)*, Watts J of the Family Court of Australia considered a dispute between the parents concerning the parental responsibility for their three children, B, C, and D. The primary focus of the proceedings was the father's application for sole parental responsibility regarding the children's immunisation.

The court was required to determine whether to grant the father sole parental responsibility for the children's immunisation in accordance with the Australian Immunisation Guidelines and Recommendations. Furthermore, the court needed to address the father's broader application for final orders granting him sole parental responsibility in relation to major decisions concerning the children's health.

Watts J made an interim order granting the father sole parental responsibility for the immunisation of the children. In relation to the father's application for final orders concerning major health decisions, the court directed the father to file and serve an affidavit in support within four weeks, and the mother to file and serve a response and supporting affidavit within a further eight weeks. The matter was adjourned for mention, and costs were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

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