Wallisham and Wallisham (No 2)
Case
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[2009] FamCA 1047
•28 OCTOBER 2009
Details
AGLC
Case
Decision Date
Wallisham and Wallisham (No 2) [2009] FamCA 1047
[2009] FamCA 1047
28 OCTOBER 2009
CaseChat Overview and Summary
In the matter of *Wallisham and Wallisham (No 2)*, Barry J of the Family Court of Australia made orders concerning the living arrangements and contact arrangements for two children, D and R. The dispute involved the parents' ability to co-parent and the children's welfare.
The court was required to determine the primary residence of the children, who would have responsibility for their long-term and short-term care, welfare, and development, and the nature and extent of contact between the children and their mother. The court also considered the children's schooling and the need for independent representation.
Barry J ordered that the children live with the Father and that he have sole responsibility for their care, welfare, and development. The children were to attend a specific school until the end of the 2010 school year. Crucially, for a period until the end of the school term, the Mother was prohibited from any contact or communication with the children, except in emergencies, and the children were not to contact her. The court also ordered that the parties attend at a contact centre to facilitate supervised time between the Mother and children, with both parents to share the costs. The proceedings were adjourned for case management, and an Independent Children’s Lawyer was to be appointed to represent the children's interests. The parties were also directed to attend post-separation parenting classes.
The court was required to determine the primary residence of the children, who would have responsibility for their long-term and short-term care, welfare, and development, and the nature and extent of contact between the children and their mother. The court also considered the children's schooling and the need for independent representation.
Barry J ordered that the children live with the Father and that he have sole responsibility for their care, welfare, and development. The children were to attend a specific school until the end of the 2010 school year. Crucially, for a period until the end of the school term, the Mother was prohibited from any contact or communication with the children, except in emergencies, and the children were not to contact her. The court also ordered that the parties attend at a contact centre to facilitate supervised time between the Mother and children, with both parents to share the costs. The proceedings were adjourned for case management, and an Independent Children’s Lawyer was to be appointed to represent the children's interests. The parties were also directed to attend post-separation parenting classes.
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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Jurisdiction
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Remedies
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Costs
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Procedural Fairness
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Injunction
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