Wright and Watson

Case

[2016] FCCA 127

11 March 2016


Details
AGLC Case Decision Date
Wright and Watson [2016] FCCA 127 [2016] FCCA 127 11 March 2016

CaseChat Overview and Summary

This matter concerned the parenting arrangements for three children, X, Y, and Z, born in 2003, 2007, and 2008 respectively. The decision was made by Judge Coker.

The court was required to determine the extent of equal shared parental responsibility for the children's long-term care, welfare, and development, and to establish specific arrangements for the children's day-to-day care, communication between parents, and time spent with each parent. This included defining significant parenting issues requiring consultation, outlining communication protocols between the parents, and detailing the practical arrangements for the children's living arrangements, travel, and contact with both parents, particularly in light of a proposed relocation of the mother and children to Brisbane.

The court ordered that the Mother and Father have equal shared parental responsibility for the children's long-term care, welfare, and development, requiring them to consult each other on significant parenting issues. These issues were defined to include medical matters, education, disciplinary matters beyond the trivial, social development and sporting activities, and any proposed change to the children's surname. The orders also stipulated that each parent would have sole responsibility for the children's day-to-day care during their respective periods of care. The court further made detailed provisions regarding communication between the parents, including the use of email or text for dispute resolution and the involvement of a dispute resolution practitioner if agreement could not be reached. Specific arrangements were set out for the children's living arrangements, with the children to live with the mother and be permitted to relocate to Brisbane. Detailed schedules were established for the children's time with the Father during school terms and school holidays, including provisions for special occasions and travel arrangements. The orders also included provisions for communication between the non-resident parent and the children, and prohibited denigration of either parent in the presence of the children.
Details

Areas of Law

  • Family Law

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Cases Citing This Decision

0

Cases Cited

8

Statutory Material Cited

2

Heath & Hemming (No 2) [2011] FamCA 749
Lansa & Clovelly [2010] FamCA 80