Zabek and Bracewell
Case
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[2018] FCCA 1710
•4 May 2018
Details
AGLC
Case
Decision Date
Zabek and Bracewell [2018] FCCA 1710
[2018] FCCA 1710
4 May 2018
CaseChat Overview and Summary
This matter concerned parenting orders for two children, [X] and [Y], born in 2010 and 2012 respectively. The dispute involved the father and the mother, and the decision was made by Judge Middleton.
The court was required to determine the appropriate parenting arrangements for the children, including who would have parental responsibility, where the children would live, and the specific terms of the time the children would spend with each parent. Additionally, the court had to consider an injunction sought by the father to restrain the mother from bringing the children into contact with a third party, MR R. The court also needed to address provisions regarding extra-curricular activities, notification of changes in contact details or address, medical information, school-related matters, and injunctions against denigration.
Judge Middleton ordered the discharge of all previous parenting orders. The father was granted sole parental responsibility, and the children were to live with him. The mother was to spend time with the children on alternate weekends, for specific periods on public holidays, birthdays, and Mother's Day, with detailed arrangements for collection and return at a designated public location. The court also made specific orders for the father's time with the children on his birthday and the children's birthdays, which would suspend the mother's time if it coincided. Crucially, an injunction was granted restraining the mother from bringing the children into contact with MR R. Further orders stipulated that each party must facilitate the children's attendance at extra-curricular activities, keep each other informed of scheduled activities, and provide written notification of any changes to contact details or addresses within seven days. Both parties were authorised to obtain medical and school-related information concerning the children, and an injunction was imposed restraining either party from denigrating the other in the presence or hearing of the children.
The court was required to determine the appropriate parenting arrangements for the children, including who would have parental responsibility, where the children would live, and the specific terms of the time the children would spend with each parent. Additionally, the court had to consider an injunction sought by the father to restrain the mother from bringing the children into contact with a third party, MR R. The court also needed to address provisions regarding extra-curricular activities, notification of changes in contact details or address, medical information, school-related matters, and injunctions against denigration.
Judge Middleton ordered the discharge of all previous parenting orders. The father was granted sole parental responsibility, and the children were to live with him. The mother was to spend time with the children on alternate weekends, for specific periods on public holidays, birthdays, and Mother's Day, with detailed arrangements for collection and return at a designated public location. The court also made specific orders for the father's time with the children on his birthday and the children's birthdays, which would suspend the mother's time if it coincided. Crucially, an injunction was granted restraining the mother from bringing the children into contact with MR R. Further orders stipulated that each party must facilitate the children's attendance at extra-curricular activities, keep each other informed of scheduled activities, and provide written notification of any changes to contact details or addresses within seven days. Both parties were authorised to obtain medical and school-related information concerning the children, and an injunction was imposed restraining either party from denigrating the other in the presence or hearing of the children.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Injunction
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Procedural Fairness
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Remedies
Actions
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Citations
Zabek and Bracewell [2018] FCCA 1710
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Lyons and Adder
[2014] FamCAFC 6
French & Fetala
[2014] FamCAFC 57
Saska & Radavich
[2016] FamCAFC 179