Vance and Vance (No 2)

Case

[2010] FamCA 760

21 June 2010


Details
AGLC Case Decision Date
Vance and Vance (No 2) [2010] FamCA 760 [2010] FamCA 760 21 June 2010

CaseChat Overview and Summary

This matter concerned parenting orders made by consent between the father and mother of three children, K, T, and J. The orders were made by Bennett J in the Family Court of Australia.

The court was required to determine the terms of parenting orders concerning the children's residence, time spent with each parent, and parental responsibility. The orders addressed specific arrangements for school holidays, Christmas, Father's Day, and birthdays, as well as communication protocols between the parents and with the children. Additionally, the court considered provisions for counselling for the father and mother, and for the children, and imposed injunctions regarding the parents' conduct towards each other and in the presence of the children.

Bennett J made orders by consent, discharging all previous parenting orders. The mother was granted sole parental responsibility until 1 July 2011, after which the parents were to have equal shared responsibility. The children were to live with the mother. The father's time with the children was detailed, commencing with supervised contact and transitioning to unsupervised time, with specific arrangements for weekends, school holidays, and Christmas. The orders also mandated counselling for the father for at least 12 months to address past conduct, and for the mother to consult her therapist for at least six months. Injunctions were imposed on both parents to prevent denigration of the other and to restrict discussions of sexual abuse allegations with the children or third parties, except under therapeutic guidance. The father was also restrained from accessing or possessing pornographic material while the children were in his care or in his residence. Further orders facilitated the father's involvement in the children's schooling and medical care, and required ongoing communication regarding residence and contact details.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Remedies

  • Procedural Fairness

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