Wiggins and Wiggins

Case

[2010] FamCA 1111

7 December 2010


Details
AGLC Case Decision Date
Wiggins and Wiggins [2010] FamCA 1111 [2010] FamCA 1111 7 December 2010

CaseChat Overview and Summary

The case of *Wiggins and Wiggins* concerned parenting orders for two children, N and L. The dispute involved the mother and father regarding the future care and responsibility for the children. The decision was made by Justice Austin.

The court was required to determine the appropriate parenting arrangements for the children, specifically addressing issues of parental responsibility, living arrangements, and the nature and extent of the children's communication and contact with the father. Further, the court had to consider the therapeutic needs of one of the children and the role of the Independent Children's Lawyer in facilitating that treatment and explaining the orders to the children.

Justice Austin ordered that all former parenting orders be discharged. The mother was granted sole parental responsibility, and the children were to live with her. The father was to have limited communication with the children, primarily through letters and gifts, and the mother was to facilitate the conveyance of any written communication from the children to the father. The orders also stipulated that each party must keep the other informed of their residential address, and the mother was to provide the father with school reports and authorise communication with healthcare professionals in case of medical emergencies. Crucially, both parents were restrained from denigrating each other in the presence of the children. The mother was directed to ensure the continuation of therapeutic treatment for child N with a psychiatrist, with specific documents to be provided to the psychiatrist by the Independent Children's Lawyer. The Independent Children's Lawyer and a Ms S were also tasked with explaining the orders to the children. The court noted that no specific orders were made for the children to spend time with the father.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Sayer v Radcliffe [2012] FamCAFC 209
MRR v GR [2010] HCA 4