Verheiden and Balsam

Case

[2009] FamCA 1140

27 April 2009


Details
AGLC Case Decision Date
Verheiden and Balsam [2009] FamCA 1140 [2009] FamCA 1140 27 April 2009

CaseChat Overview and Summary

In the proceedings between Verheiden and Balsam, Justice Ryan of the Federal Circuit and Family Court of Australia was required to determine parenting orders concerning the children, W and K. The dispute involved the arrangements for the children's living situation, time spent with each parent, and parental responsibility.

The court was tasked with determining the nature of parental responsibility, specifically whether to order equal shared parental responsibility. It also needed to establish the children's primary residence and the specific arrangements for their time with each parent, including during school terms, school holidays, and special occasions. Furthermore, the court had to consider provisions for the children's participation in extracurricular activities and the logistics of their transportation between parents.

Justice Ryan ordered that all prior parenting and restraining orders be discharged. The court made orders for equal shared parental responsibility for the children. The children were to live with the mother, and specific detailed arrangements were set out for the children's time with the father, including alternate weekends and a structured schedule for school holidays. The orders also included provisions for school events and extracurricular activities, with specific requirements for the handover of the children between parents. The court also noted that particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet, incorporated into the orders pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*. All outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

0

Moylan v Nutrasweet Co [2000] NSWCA 337
Moylan v Nutrasweet Co [2000] NSWCA 337