Turner and Marijke

Case

[2009] FamCA 1342

7 December 2009


Details
AGLC Case Decision Date
Turner and Marijke [2009] FamCA 1342 [2009] FamCA 1342 7 December 2009

CaseChat Overview and Summary

This matter concerned the parental responsibility and time arrangements for a child born in April 2005, with the parties being Turner and Marijke. The case came before Waddy J.

The court was required to determine the orders concerning the long-term and day-to-day decision-making for the child, as well as the specific times the child would spend with each parent, both before and after the child commenced school. This included detailed provisions for school holidays, Christmas, Easter, birthdays, and travel arrangements, particularly concerning the mother's travel to the Netherlands. The court also had to consider orders relating to communication between parents and the child, geographical restrictions on the child's residence, and prohibitions against denigration.

Waddy J made orders establishing equal shared parental responsibility for long-term decisions concerning the child's care, welfare, and development. For day-to-day decisions, each parent was granted sole responsibility while the child was in their care. The judgment then set out a comprehensive schedule for the father's time with the child, detailing specific days and times, which varied depending on whether the child had commenced school. The orders also stipulated the mother's time with the child, including specific arrangements for holidays and cultural celebrations. Further orders addressed communication, geographical limitations, overseas travel, and the parents' obligations to inform each other of significant events such as illness or injury. Conditions were placed on the father's time concerning alcohol and smoking, and both parents were ordered to attend a Parenting After Separation Course.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

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