Tomerford and Tomerford (No 3)

Case

[2011] FamCA 564

7 July 2011


Details
AGLC Case Decision Date
Tomerford and Tomerford (No 3) [2011] FamCA 564 [2011] FamCA 564 7 July 2011

CaseChat Overview and Summary

In *Tomerford and Tomerford (No 3)*, Cleary J of the Family Court of Australia considered parenting orders concerning two children, B and C. The dispute involved the mother and father and concerned the future arrangements for the children.

The court was required to determine the appropriate parenting orders for the children, specifically whether to discharge existing orders and what form of parental responsibility, if any, should be allocated between the parents. The court also had to consider the extent to which the father should be involved in future decision-making regarding the children's upbringing.

Cleary J discharged all prior parenting orders made in relation to the children, including those made on 28 June 2011. The court then made orders granting the mother sole parental responsibility for the children. However, the court stipulated that the mother must, on each occasion a decision regarding a major long-term issue arises, advise the father of the issue, invite his views within a reasonable timeframe, genuinely consider any views expressed by him, and inform him in writing of the final decision.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Remedies

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