Vine and Harper
Case
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[2008] FamCA 561
•18 July 2008
Details
AGLC
Case
Decision Date
Vine and Harper [2008] FamCA 561
[2008] FamCA 561
18 July 2008
CaseChat Overview and Summary
In *Vine and Harper*, heard before Justice Fowler, the parties sought orders concerning the shared parental responsibility for their child, M Harper-Vine. The dispute centred on the specific arrangements for the child's living arrangements during school terms, school holidays, and other significant periods, as well as communication protocols and the exchange of information regarding the child's education and health.
The court was required to determine the precise schedule for the child's residence with each parent, including during school terms, mid-term breaks, and extended holiday periods such as Christmas. Further issues included the nature and frequency of communication between the parents and the child when not in their care, provisions for special occasions like parents' birthdays and public holidays, and the process for obtaining consent for international travel. The court also needed to address the exchange of educational and medical information, attendance at school events, and the use of the child's full surname.
Justice Fowler's reasoning led to detailed orders establishing a complex but structured schedule for the child's time with each parent. These orders included specific arrangements for weekday and weekend care during school terms, alternating care during mid-term and Christmas holidays, and provisions for other school breaks from 2009 onwards. The court also mandated reasonable telephone communication between the child and the non-resident parent, facilitated the exchange of information regarding the child's schooling and health, and outlined procedures for international travel and attendance at school events. The orders further stipulated the use of a communication diary, the use of the child's full surname, and directed the parties to attend parenting courses and therapy sessions as required. The court also ordered that the orders be supervised by a Family Consultant for one year and that each party bear their own costs.
The court was required to determine the precise schedule for the child's residence with each parent, including during school terms, mid-term breaks, and extended holiday periods such as Christmas. Further issues included the nature and frequency of communication between the parents and the child when not in their care, provisions for special occasions like parents' birthdays and public holidays, and the process for obtaining consent for international travel. The court also needed to address the exchange of educational and medical information, attendance at school events, and the use of the child's full surname.
Justice Fowler's reasoning led to detailed orders establishing a complex but structured schedule for the child's time with each parent. These orders included specific arrangements for weekday and weekend care during school terms, alternating care during mid-term and Christmas holidays, and provisions for other school breaks from 2009 onwards. The court also mandated reasonable telephone communication between the child and the non-resident parent, facilitated the exchange of information regarding the child's schooling and health, and outlined procedures for international travel and attendance at school events. The orders further stipulated the use of a communication diary, the use of the child's full surname, and directed the parties to attend parenting courses and therapy sessions as required. The court also ordered that the orders be supervised by a Family Consultant for one year and that each party bear their own costs.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Jurisdiction
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Procedural Fairness
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Remedies
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Consent
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Citations
Vine and Harper [2008] FamCA 561
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