Tuck and Tuck

Case

[2016] FamCA 520

29 June 2016


Details
AGLC Case Decision Date
Tuck and Tuck [2016] FamCA 520 [2016] FamCA 520 29 June 2016

CaseChat Overview and Summary

In the matter of *Tuck and Tuck*, heard by Justice Tree, the court was required to determine parenting orders concerning two children, B and C. The dispute involved the parents' responsibilities and the children's living arrangements and communication with each parent.

The court was tasked with determining the extent of parental responsibility for major long-term issues, the primary residence of the children, and the nature and method of communication between the parents. Further issues included the father's right to be informed about the children's health and education, and the children's ability to communicate with the father. The court also considered orders to prevent denigration of a parent or discussion of adult matters in the children's presence, and the role and ongoing involvement of the Independent Children's Lawyer.

Justice Tree ordered the discharge of all previous parenting orders and plans. The mother was granted sole parental responsibility for major long-term issues and the children were ordered to live with her. Communication between the parents was restricted to email, with provisions for informing each other of changes to contact details. The mother was directed to keep the father informed of the children's medical and educational providers, authorising them to share information. In medical emergencies, the parent with the children was to immediately notify the other via text. The father was granted liberty to apply regarding time spent with the children, and the children were permitted to contact the father at reasonable times. Crucially, both parents were restrained from denigrating each other or discussing proceedings and adult matters in the children's presence. The Independent Children's Lawyer was authorised to provide specific documents to the children's treating psychologist and was to continue working with the parties for 18 months to monitor the orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

Banks & Banks [2015] FamCAFC 36