Welling& Bowcott

Case

[2017] FCCA 3425

7 December 2017


Details
AGLC Case Decision Date
Welling& Bowcott [2017] FCCA 3425 [2017] FCCA 3425 7 December 2017

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge Myers concerning the child, [X], born in 2009. The dispute between the parents, Welling and Bowcott, centred on the arrangements for the child's living arrangements, time spent with each parent, and communication between the parents.

The court was required to determine the extent of shared parental responsibility, the primary residence of the child, and the specific time arrangements for the child to spend with each parent during school terms, school holidays, and on special occasions. Additionally, the court needed to establish protocols for communication between the parents regarding the child and to address any specific conditions or undertakings related to the parents' welfare.

Judge Myers ordered that the parties have equal shared parental responsibility for the child, with the child to live with the mother. The father was granted significant time with the child during school terms, with detailed provisions for alternating weeks and specific days. School holidays, including Christmas, were to be divided equally between the parents, with specific arrangements for even and odd-numbered years and a mechanism for resolving disputes over the division of odd-numbered holiday periods. Special occasions, including birthdays and Mother's and Father's Days, were also addressed, as were changeover procedures and communication protocols.

Crucially, the court mandated that both parents obtain a mental health plan from their General Practitioner within 14 days, and comply with any recommended treatment or counselling. This condition was made binding on the time arrangements for the child. All previous parenting orders were discharged.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2