WAKEFIELD & WAKEFIELD

Case

[2014] FamCA 726

4 September 2014


Details
AGLC Case Decision Date
WAKEFIELD & WAKEFIELD [2014] FamCA 726 [2014] FamCA 726 4 September 2014

CaseChat Overview and Summary

The case involved the mother and father of eight children, S, J, O, G, E, C, L, and B, who sought to resolve parenting orders. The dispute concerned the future care arrangements for their children, including living arrangements, time spent with each parent, and decision-making responsibilities. The matter was heard by Thornton J.

The court was required to determine the extent of equal shared parental responsibility for the children, considering the specific needs and wishes of each child. Key issues included the allocation of sole parental responsibility for educational decisions for some of the older children, the primary residence of the younger children, and the detailed schedule for the children to spend time with each parent. The court also had to address communication protocols between the parents regarding the children, as well as provisions for medical and educational information sharing.

Thornton J discharged all previous parenting orders and, by consent and by order, established new arrangements. The parents were granted equal shared parental responsibility for all eight children, with the exception that the mother was given sole responsibility for educational decisions for S, J, G, and O, subject to a strict consultation process with the father. The children S, J, O, and G were ordered to live with the mother and spend time with the father according to their wishes. For the younger children, E, C, L, and B, a phased transition of living arrangements was ordered, with them initially living with the mother and then transitioning to live with the father from the commencement of the fourth school term. Detailed provisions were made for the children to spend time with the parent with whom they were not primarily residing, including specific arrangements for school terms, holidays, and public holidays. The court also made orders regarding communication between the children and parents, the sharing of information, and restrictions on denigrating the other parent or taking children to counselling without consent. By consent, the mother was ordered to ensure the children received all required immunisations, and both parents were to share equally the costs of therapeutic counselling for one child and for themselves. The appointment of the Independent Children’s Lawyer was discharged, and all extant applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Costs

  • Procedural Fairness

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