Weinberg and Weinberg

Case

[2010] FamCA 1253

15 December 2010


Details
AGLC Case Decision Date
Weinberg and Weinberg [2010] FamCA 1253 [2010] FamCA 1253 15 December 2010

CaseChat Overview and Summary

Bell J of the Family Court of Australia made orders concerning the living arrangements and parental responsibility for two children, K and C, and the father's time with them. The dispute centred on the children's welfare and the terms of their contact with the father.

The court was required to determine where the children would live, who would have parental responsibility for major long-term issues, and the specific arrangements for the father's time with K and C. Additionally, the court needed to address travel arrangements for K, including the management of her passport, and the exchange of information between the parents regarding the children's health, education, and general well-being. The court also considered the role of an Independent Children's Lawyer and the need for a family report.

Bell J ordered that the children live with the mother and that she have sole parental responsibility for major long-term issues. The father's time with K was to be supervised, with detailed provisions for contact centres, potential supervisors, and communication by telephone. C was to spend time with the father every fourth weekend, with liberty to join K for some or all of her contact. The court also made detailed orders regarding travel, including the deposit of K's passport with the Registrar and the process for international travel. Both parents were ordered to keep each other informed of their contact details, medical practitioners, and significant health issues concerning K, and to facilitate the exchange of information from schools. The court also imposed obligations on each parent to speak respectfully of the other and to refrain from discussing disputes with the children.

The court ordered that all previous orders be discharged and retained the Independent Children's Lawyer. The matter was adjourned to a date to be fixed subsequent to the father's criminal proceedings being determined, with a request for a short family report to be prepared.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

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