VARNEY & CARNE

Case

[2018] FamCA 148

9 March 2018


Details
AGLC Case Decision Date
VARNEY & CARNE [2018] FamCA 148 [2018] FamCA 148 9 March 2018

CaseChat Overview and Summary

This matter concerned final orders made by Hogan J in relation to a child, B, born in 2012. The dispute between the parties, the mother and the father, concerned the living arrangements for the child and parental responsibility.

The court was required to determine the primary residence of the child, the allocation of parental responsibility for long-term and day-to-day issues, and the specific time the child would spend with each parent. The court also needed to address communication protocols between the parents, arrangements for the child's birthday and holidays, and provisions for supervised contact and the involvement of extended family.

Hogan J ordered that the child, B, live with the mother and that the mother have sole parental responsibility for all major long-term issues, with specific exceptions and procedural requirements for consultation with the father. Equal shared parental responsibility was retained for the child's name and changes to living arrangements impacting time with the father. The father was granted sole responsibility for decisions regarding the child's day-to-day care, welfare, and development when the child is in his care, with the mother having the same responsibility when the child is in her care. Detailed provisions were made for the child's time with the father, including a phased introduction of increasing periods of contact, supervised contact initially, and specific arrangements for holidays and birthdays. The court also made orders regarding communication, medical care, and the conduct of both parents.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Cox & Pedrana [2013] FamCAFC 48
M v M [1988] HCA 68