Woods and Carman

Case

[2019] FamCA 957

27 November 2019


Details
AGLC Case Decision Date
Woods and Carman [2019] FamCA 957 [2019] FamCA 957 27 November 2019

CaseChat Overview and Summary

In the matter of Woods and Carman, Benjamin J of the Family Court of Australia made consent orders resolving parenting proceedings between the Mother and the Father concerning their child, X. The proceedings arose from the parents' separation in 2013, and they had engaged in Reportable Intensive Family Therapy since 2019.

The court was required to determine the terms of parenting orders that would govern the child's residence, time spent with each parent, communication between parents, and various other aspects of their co-parenting relationship. These included provisions for day-to-day decision-making, school holidays, birthdays, changeovers, communication protocols, restraints on parental conduct, overseas travel, and the exchange of information regarding the child's education and well-being.

Benjamin J made orders by consent in accordance with a minute signed by the parties and the Independent Children’s Lawyer. The orders established equal shared parental responsibility, with the child to live with the Mother and spend time with the Father at times to be agreed, or otherwise in accordance with a detailed schedule for school terms, holidays, and specific occasions. The orders also included provisions for communication, restraints on negative commentary about each other, and detailed arrangements for overseas travel, including the retention and release of the child's passport. Further orders addressed mediation, emergency contacts, participation in co-curricular activities, information sharing, and notification of serious injury or illness. All extant applications were dismissed, and each party was to bear their own costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Procedural Fairness

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

Yamada & Cain [2013] FamCAFC 64
Donnell & Dovey [2010] FamCAFC 15
Marsden & Winch (No. 3) [2007] FamCA 1364