Towers and Towers

Case

[2014] FCCA 2599

25 November 2014


Details
AGLC Case Decision Date
Towers and Towers [2014] FCCA 2599 [2014] FCCA 2599 25 November 2014

CaseChat Overview and Summary

In *Towers and Towers*, heard by Judge Altobelli, the dispute concerned parenting arrangements for two children, X and Y. The proceedings involved applications by both the Father, Mr Towers, and the Mother, Ms Towers, regarding the children's living arrangements, parental responsibility, and time spent with each parent.

The court was required to determine the extent of parental responsibility each parent should hold, specifically concerning the children's education and health. Furthermore, the court needed to establish a detailed schedule for the children's living arrangements with each parent, including provisions for school holidays, public holidays, and specific days such as Mother's Day and Father's Day. The court also had to consider orders relating to the communication of information between parents regarding the children's health and education, as well as provisions to prevent denigration of either parent and to manage changeovers.

Judge Altobelli ordered that the Father have sole parental responsibility for the children's education and health issues. For all other purposes, the parents were to have equal shared parental responsibility. The children were ordered to live with the Mother for specific periods, including alternate Fridays until Wednesday mornings, half of the short school holidays, alternate weeks of the Christmas holidays from 2015 onwards, and specific times on Mother's Day, Christmas, and Boxing Day, with provisions for agreement or default arrangements. The children were to live with the Father at all other times, and specific provisions were made for Father's Day. The orders also stipulated that the Father must notify the Mother of medical appointments and authorise the release of information to her, and similarly, the Mother is authorised to attend upon treating health practitioners. The Father must also notify the Mother of school functions and authorise the release of school information to her, with the Mother authorised to attend upon any school. Both parents are at liberty to communicate with the children when they are with the other parent and are prohibited from denigrating each other. The Mother is to ensure the children do not refer to her partner as "Daddy". Both parents must notify the other of any accident or emergency involving the children. Finally, for changeovers not at school, the Father is to deliver the children to the Mother at a halfway location, and the Mother is to return them to the Father at the same location.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

MRR v GR [2010] HCA 4