WARSOW & WARSOW

Case

[2010] FamCA 591

14 July 2010


Details
AGLC Case Decision Date
WARSOW & WARSOW [2010] FamCA 591 [2010] FamCA 591 14 July 2010

CaseChat Overview and Summary

This matter concerned parenting orders for a child born in December 2004, with the court being the Federal Magistrates Court of Australia. The dispute involved the arrangements for the child's living arrangements and time spent with each parent.

The court was required to determine the extent of shared parental responsibility, where the child would live, and the specific schedule for the child's time with the father. Additionally, the court needed to address provisions for special occasions such as birthdays and Christmas, as well as establish protocols for changeovers, communication between parents regarding the child's health and education, and the process for making allegations of abuse.

The court ordered the discharge of all previous parenting orders and established equal shared parental responsibility. The child was to live with the mother, with a detailed schedule for time spent with the father, which included phased introductions of overnight stays and progressively increasing periods of time. The orders also stipulated specific arrangements for holidays, birthdays, and Christmas, including provisions for the suspension of time with the father on Mother's Day and the child's birthday if those events fell within his allocated time. The court further mandated attendance at a parenting after separation course, prohibited denigration of either parent, and placed restrictions on the mother questioning the child about her time with the father. Provisions were also made for information sharing regarding the child's health and education, and for parties to attend school functions. Crucially, any party intending to report abuse was required to provide copies of the court orders and reasons for judgment to the relevant authority.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

4

DODD & CARSON [2011] FamCA 256
Fairfield City Council v Wi [2012] NSWADTAP 39
Cases Cited

2

Statutory Material Cited

2

Day v Perisher Blue Pty Ltd [2005] NSWCA 110
M v M [1988] HCA 68