WELLER & WELLER

Case

[2018] FamCA 808

2 October 2018


Details
AGLC Case Decision Date
WELLER & WELLER [2018] FamCA 808 [2018] FamCA 808 2 October 2018

CaseChat Overview and Summary

In the matter of *Weller & Weller*, Carew J of the Federal Circuit Court of Australia made orders concerning the parenting of a child born in 2006. The dispute involved the parents' responsibilities and arrangements for their child, following the father's discontinuance of an application on 7 September 2018.

The court was required to determine the primary caregiver and decision-maker for the child, particularly regarding long-term issues such as education, health, and living arrangements. Additionally, the court needed to establish clear guidelines for the parents' communication, the child's living arrangements, and the facilitation of contact between the child and each parent. The court also addressed the mother's ongoing therapeutic counselling and the child's need for psychological support, as well as provisions for overseas travel and emergency notification.

Carew J ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for all major long-term issues concerning the child, including education, religious and cultural upbringing, health, name, and living arrangements. Each parent was given sole responsibility for day-to-day decisions when the child was in their care. The child was ordered to live with the mother and spend time with the father as mutually agreed in writing. The orders also stipulated that the mother would not consume alcohol to excess when the child was in her care, and that all communication regarding parenting matters would be in writing via email, except in emergencies. Further provisions were made for direct communication between parents, respectful discourse, and the facilitation of communication between the child and each parent. The mother was also directed to continue therapeutic counselling and treatment, and to facilitate the child's attendance at psychological counselling. The court also made specific orders regarding overseas travel, requiring written agreement for travel to non-Hague Convention countries and outlining the process for obtaining and retaining travel documents.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

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