Zerbis and Vicks

Case

[2014] FCCA 1626

10 October 2014


Details
AGLC Case Decision Date
Zerbis and Vicks [2014] FCCA 1626 [2014] FCCA 1626 10 October 2014

CaseChat Overview and Summary

This matter concerned an application for final parenting orders between the parties, Zerbis and Vicks, in relation to their child, X. The court was required to determine the arrangements for X's residence, time spent with each parent, schooling, and other related matters.

The primary legal issues before the court were the establishment of equal shared parental responsibility, the determination of where X would live, and the specific arrangements for X's time with each parent, both during term time and school holidays. The court also had to consider provisions regarding X's schooling, communication between the parties regarding X's welfare, and prohibitions against denigration.

Judge Dunkley made orders establishing equal shared parental responsibility for X, with X to live with his mother. The court then detailed a phased approach to X's time with his father, commencing with specific weekend and holiday arrangements until the end of 2014, and transitioning to more regular, alternating weekly arrangements from January 2015. Further orders addressed X's enrolment at a specific school, communication protocols between the parents regarding X's address and medical treatment, and a prohibition against denigration of either parent or their families in X's presence. The court also ordered that X be known by and use the surname "Vicks-Zerbis".
Details

Areas of Law

  • Family Law

Legal Concepts

  • Procedural Fairness

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