Vermeer and Vermeer (No 3)
Case
•
[2018] FamCA 975
•23 November 2018
Details
AGLC
Case
Decision Date
Vermeer and Vermeer (No 3) [2018] FamCA 975
[2018] FamCA 975
23 November 2018
CaseChat Overview and Summary
In *Vermeer and Vermeer (No 3)*, Benjamin J considered parenting orders concerning three children. The dispute involved the mother and father and their respective roles and contact with the children.
The court was required to determine the future parenting arrangements for the children, specifically addressing issues of parental responsibility, living arrangements, and the nature and extent of the children's time and communication with each parent. The court also had to consider injunctions to prevent certain behaviours by the parents and the role of the Independent Children's Lawyer.
Benjamin J discharged all previous parenting orders and made new orders granting the mother sole parental responsibility for the children, with the children to live with her. The father was permitted to send cards and gifts and to respond to direct communication from the children. The mother was ordered to facilitate communication and contact in accordance with the children's wishes, including enabling communication via telephone or computer, ensuring receipt of the father's correspondence, providing a post office box for the father, and facilitating therapeutic support if the children wished to spend time with the father. Injunctions were imposed by consent, restraining both parents from physically chastising the children, denigrating the other parent in the children's presence, or allowing the children to see legal documents. The mother was also ordered to provide school reports and photos to the father at his expense, and to notify him of any new school enrolments. The father was to be immediately advised of any serious injury or illness to the children and authorised to speak with treating doctors. The father was to keep the mother informed of his contact details. The Independent Children's Lawyer was to explain the orders to the children and forward relevant documents to the Department of Health and Human Services before their appointment was discharged. All extant parenting applications, other than costs, were dismissed.
The court was required to determine the future parenting arrangements for the children, specifically addressing issues of parental responsibility, living arrangements, and the nature and extent of the children's time and communication with each parent. The court also had to consider injunctions to prevent certain behaviours by the parents and the role of the Independent Children's Lawyer.
Benjamin J discharged all previous parenting orders and made new orders granting the mother sole parental responsibility for the children, with the children to live with her. The father was permitted to send cards and gifts and to respond to direct communication from the children. The mother was ordered to facilitate communication and contact in accordance with the children's wishes, including enabling communication via telephone or computer, ensuring receipt of the father's correspondence, providing a post office box for the father, and facilitating therapeutic support if the children wished to spend time with the father. Injunctions were imposed by consent, restraining both parents from physically chastising the children, denigrating the other parent in the children's presence, or allowing the children to see legal documents. The mother was also ordered to provide school reports and photos to the father at his expense, and to notify him of any new school enrolments. The father was to be immediately advised of any serious injury or illness to the children and authorised to speak with treating doctors. The father was to keep the mother informed of his contact details. The Independent Children's Lawyer was to explain the orders to the children and forward relevant documents to the Department of Health and Human Services before their appointment was discharged. All extant parenting applications, other than costs, were dismissed.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Consent
-
Injunction
-
Costs
-
Appeal
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
1
Theophane & Hunt (Final Parenting Orders)
[2014] FamCA 1038
J v Lieschke
[1987] HCA 4
Briginshaw v Briginshaw
[1938] HCA 34