Webster and Downer and Anor
Case
•
[2016] FamCA 822
•23 September 2016
Details
AGLC
Case
Decision Date
Webster and Downer and Anor [2016] FamCA 822
[2016] FamCA 822
23 September 2016
CaseChat Overview and Summary
In *Webster and Downer and Anor*, Thornton J of the Federal Circuit and Family Court of Australia considered applications concerning the time a child, B, born in 2009, would spend with the applicant, and the nature of their communication. The dispute involved the arrangements for the child's contact with the applicant, who appears to be a relative residing overseas, and the communication methods between them.
The court was required to determine the specific terms of the child's time with the applicant, both when the child was in Australia and when the applicant was in the United States. Additionally, the court needed to establish the frequency and method of electronic communication between the child and the applicant.
Thornton J made orders for the child to spend time with the applicant on one occasion each month when the child was in Australia for a six-hour period, with specific provisions for attendance by grandparents during the initial hour of contact and default arrangements for changeovers. Similar provisions were made for contact when the applicant travelled to the United States, with attendance by the child's father or paternal uncles. The court also ordered specific dates for electronic communication, including the child's birthday and various holiday periods, with default timing arrangements if the parents and applicant could not agree. All other extant applications were dismissed.
The court was required to determine the specific terms of the child's time with the applicant, both when the child was in Australia and when the applicant was in the United States. Additionally, the court needed to establish the frequency and method of electronic communication between the child and the applicant.
Thornton J made orders for the child to spend time with the applicant on one occasion each month when the child was in Australia for a six-hour period, with specific provisions for attendance by grandparents during the initial hour of contact and default arrangements for changeovers. Similar provisions were made for contact when the applicant travelled to the United States, with attendance by the child's father or paternal uncles. The court also ordered specific dates for electronic communication, including the child's birthday and various holiday periods, with default timing arrangements if the parents and applicant could not agree. All other extant applications were dismissed.
Details
Key Legal Topics
Areas of Law
-
Family Law
Legal Concepts
-
Remedies
-
Jurisdiction
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
3
Mankiewicz and Anor & Swallow and Anor
[2016] FamCAFC 153
Donnell & Dovey
[2010] FamCAFC 15