Wicks and Wicks
Case
•
[2013] FCCA 2237
•19 July 2013
Details
AGLC
Case
Decision Date
Wicks and Wicks [2013] FCCA 2237
[2013] FCCA 2237
19 July 2013
CaseChat Overview and Summary
This matter concerned an application by the Mother and Father regarding the parenting arrangements for their two children, X and Y. The dispute centred on the children's residence, parental responsibility, and the extent of time each parent would spend with them, including specific provisions for communication, school, and relocation. The case was heard by Judge Neville.
The court was required to determine the primary residence of the children, whether parental responsibility should be equal and shared, and to make orders concerning the Mother's ability to relocate the children's residence and school. Further issues included the specific arrangements for the children to spend time with the Father, including during school holidays and on special occasions, as well as provisions for communication between parents and children, and between the parents themselves regarding the children's well-being and schooling.
Judge Neville ordered that the children live with the Mother and that both parents have equal shared parental responsibility. Crucially, the Mother was restrained from relocating the children's residence from their current area until the younger child, Y, completed primary schooling, and from relocating X's school to a different high school. The judgment detailed specific time arrangements for the Father, including alternate weekends, half of each school holiday period, and time on birthdays and Father's Day. The orders also established protocols for communication, including a communication book, telephone contact, and prohibitions against denigrating the other parent. Further provisions addressed notification of illness or injury, access to medical information, and the provision of school reports to the Father, along with requirements for advance notice of any change of address or contact details.
The court was required to determine the primary residence of the children, whether parental responsibility should be equal and shared, and to make orders concerning the Mother's ability to relocate the children's residence and school. Further issues included the specific arrangements for the children to spend time with the Father, including during school holidays and on special occasions, as well as provisions for communication between parents and children, and between the parents themselves regarding the children's well-being and schooling.
Judge Neville ordered that the children live with the Mother and that both parents have equal shared parental responsibility. Crucially, the Mother was restrained from relocating the children's residence from their current area until the younger child, Y, completed primary schooling, and from relocating X's school to a different high school. The judgment detailed specific time arrangements for the Father, including alternate weekends, half of each school holiday period, and time on birthdays and Father's Day. The orders also established protocols for communication, including a communication book, telephone contact, and prohibitions against denigrating the other parent. Further provisions addressed notification of illness or injury, access to medical information, and the provision of school reports to the Father, along with requirements for advance notice of any change of address or contact details.
Details
Key Legal Topics
Areas of Law
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Family Law
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Citations
Wicks and Wicks [2013] FCCA 2237
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
Champness & Hanson
[2009] FamCAFC 96
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[2011] FamCAFC 119
Maluka v Maluka
[2011] FamCAFC 72