Wemple & Dautry (No.2)

Case

[2014] FCCA 2847

18 December 2014


Details
AGLC Case Decision Date
Wemple & Dautry (No.2) [2014] FCCA 2847 [2014] FCCA 2847 18 December 2014

CaseChat Overview and Summary

This matter concerned parenting orders made by Judge Neville in the Federal Circuit Court of Australia. The dispute involved the Father and Mother regarding the upbringing and living arrangements of their child, [X], born in 2008.

The court was required to determine the primary caregiver for the child, the child's principal place of residence, and the specific arrangements for the child to spend time with each parent. Additionally, the court had to consider provisions for counselling, communication between parents, and restrictions on parental conduct and travel with the child.

Judge Neville ordered that the Father have sole parental responsibility for the child and that the child live with him. The orders detailed a structured schedule for the child's time with the Mother, including specific days and times, and outlined provisions for school holidays, birthdays, and Christmas. The court also mandated counselling for both parents and the child, imposed restrictions on discussing proceedings with the child, and set conditions for travel outside the local area and internationally. The Mother was also specifically restrained from taking the child to a particular medical centre without the Father's written consent. The parenting matter was finalised, with proceedings adjourned for directions regarding property matters. The Mother was put on notice that withholding the child from the Father's care could result in a Recovery Order.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Res Judicata

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Most Recent Citation
DAUTRY & WEMPLE [2018] FamCAFC 237

Cases Citing This Decision

3

WEMPLE & DAUTRY [2017] FCCA 408
DAUTRY & WEMPLE [2015] FCCA 943
DAUTRY & WEMPLE [2018] FamCAFC 237
Cases Cited

17

Statutory Material Cited

3

WEMPLE & DAUTRY [2013] FCCA 2376
WEMPLE & DAUTRY [2014] FCCA 401
Re Hillsea Pty Ltd [2019] NSWSC 1152