Wenz and Alberg

Case

[2018] FCCA 2765

5 October 2018


Details
AGLC Case Decision Date
Wenz and Alberg [2018] FCCA 2765 [2018] FCCA 2765 5 October 2018

CaseChat Overview and Summary

The case of Wenz and Alberg concerned parenting orders for three children born in 2006, 2008, and 2014. The dispute involved the mother and father seeking to establish arrangements for the children's care, time, and communication following the discharge of previous orders.

The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing issues of equal shared parental responsibility, the children's living arrangements, and the allocation of time and communication between the parents. Further, the court had to consider specific provisions regarding holiday arrangements, birthdays, changeovers, therapy, and the health and conduct of each parent.

Judge Burchardt ordered the discharge of all previous parenting orders. The court made orders for equal shared parental responsibility, with the children to live with the mother. The father was granted specific time with the children, including alternate weekends, half of school holidays and long summer holidays, and specific days for Father's Day, Christmas, and birthdays. The father's time was suspended during certain periods, including half of school holidays and long summer holidays, Mother's Day weekend, and specific Christmas arrangements. The orders also included provisions for therapy, health status disclosure, notification of addresses, and communication regarding the children's health. Crucially, injunctions were imposed on both parents, restraining them from consuming alcohol or illicit substances to excess while the children were in their care, denigrating the other parent in the children's presence, and discussing family law matters within the children's hearing. The court also ordered that the mother be restrained from consuming prescription drugs to excess while the children were in her care.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

Goode & Goode [2006] FamCA 1346