Watson and Butler

Case

[2013] FamCA 776

11 October 2013


Details
AGLC Case Decision Date
Watson and Butler [2013] FamCA 776 [2013] FamCA 776 11 October 2013

CaseChat Overview and Summary

This matter concerned parenting orders for a child, B, born in 2010, between the mother and the father. The proceedings were before Forrest J.

The court was required to determine the terms of parenting orders, including the allocation of parental responsibility, the child's living arrangements, and communication protocols between the parents. Key issues included how major long-term decisions would be made, the specific schedule for the child's time with each parent, and provisions for communication, special days, and geographical restrictions. The court also considered the need for therapeutic counselling and parenting programs for both parents.

Forrest J ordered that previous parenting orders be discharged, save for an order placing the child on the Australian Federal Police Watch List for departure from Australia. The court made orders for equal shared parental responsibility, requiring the parents to consult and make genuine efforts to reach joint decisions on major long-term issues, with family dispute resolution to be engaged if agreement could not be reached. The orders detailed a complex schedule for the child's living arrangements with each parent, which varied depending on the child's age and the father's residential location. Specific provisions were made for special days, communication, and parental conduct, including restrictions on alcohol and drug use, and prohibitions against denigrating the other parent. The court also mandated therapeutic counselling for both parents and the completion of parenting programs.

The court ordered that the Independent Children's Lawyer be discharged six weeks from the date of the orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

M v M [1988] HCA 68
Heath & Hemming (No 2) [2011] FamCA 749