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Equal Shared Parenting Orders - Trinder & Chiswick (11/08/2009)

Equal shared parenting orders judgment.

From the hand of Justice Fowler in Sydney, an interesting, equal shared parenting orders judgment.

Orders specifically and overtly state that the child lives individually with both parents (Paragraphs 3 and 4 - underlined in orders box below).

Sections 40-60 are noteworthy in highlighting actions by the mother seeking to "align" the child with her, against the father. (The term "extreme alignment" is the Court's prefered term for "parental alienation".)

Trinder & Chiswick [2009] FamCA 729 - 11/08/2009

CATCHWORDS:

FAMILY LAW - CHILDREN - with whom a child lives - consent orders made in 2005 - father seeks orders that the child live with him in a week about arrangement - mother proposes that the previous orders be varied so that the child live with the father from Thursday morning until Friday morning and in each alternate weekend from after school Thursday to Monday morning and in the alternate week from Sunday morning to Sunday evening - impact of conflict in the parenting relationship on the child.

Download a copy of this judgment and these orders from the FCA website, or from the following attachment:

Attachment
Trinder & Chiswick [2009] FamCA 729 - 11/08/2009


ORDERS: Trinder & Chiswick [2009] FamCA 729 - 11/08/2009

ORDERS

General

(1) All prior orders in relation to the child ("the Child") born, November 2000, are discharged.

(2) The mother and father have equal shared parental responsibility for the long term care, welfare and development of the child.

(3) The child live with the mother as set out hereunder and at those times the mother be responsible for the child's day to day care, welfare and development.

(4) The child live with the father as set out hereunder and at those times the father be responsible for the child's day to day care, welfare and development.

(5) The child is to live with the father during the following periods:

a) In week one from Thursday morning at 7.00 am when the father shall collect the child from the mother's premises and deliver the child to school at 9.00 am until Tuesday morning when the father shall deliver the child to school between the hours of 7.00 am and 9.00 am.

b) In week two from Thursday no earlier than 3.30 pm or the finish of the school day when the father shall collect the child from school to Friday morning between 7.00 am and 9.00 am when the father shall deliver the child to school.

c) One half of the school holidays as agreed between the father and the mother but if agreement has not been reached one month before the scheduled last day of the school term, then the child shall reside with her father during the first half of each school holiday period in any odd-numbered year, and during the second half of each school holiday period in any even numbered year.

d) One half of public holiday days each year, as agreed between the father and the mother, being public holidays that do not occur during the school holidays.  If the father and mother are not  able to reach agreement two (2) weeks before the public holiday day aforesaid then the child shall reside with her father on Good Friday (if not coinciding with school holidays), Queen's Birthday and Labour  Day in odd-numbered years, and on Easter Monday (if not coinciding with school holidays), Australia Day and Anzac Day in even-numbered years.

(6) Except as herein provided the child is to live with the mother at all other times.

(7) For the purpose of facilitating orders 5(a) and (b) each party or their nominee shall deliver and collect the child from school.

Other Days

Father

(8) The father is to spend time with the child:

a) On the weekend which includes Father's Day from 5.00 pm on the Saturday until before school Monday, in the event that the child is not otherwise living with the father in accordance with these Orders;

b) In respect of the father's birthday ( January), if the child is not otherwise living with the father on his birthday, the child shall live with the father from 6.00 pm on the eve of his birthday until 6.00 pm on the day of his birthday; and

c)  In respect of the child's birthday ( November) in even years from noon on the child's birthday if that day is not a school day or from after school if that day is a school day until before school or 10.00 am on the day after the child's birthday.  In odd years with the father from after school or 6.30 pm on the eve of the child's birthday until noon on the child's birthday if that day is not a school day or until before school if it is a school day.

Mother

(9) The mother is to spend time with the child:

a) On the weekend which includes Mother's Day from 5.00 pm on the Saturday until before school Monday, in the event that the child is not otherwise living with the mother in accordance with these Orders;  

b) In respect of the mother's birthday (. March), if  the child is not otherwise living with the mother on her birthday, the child shall live
with the mother from 6.00 pm on the eve of the mother's birthday until 6.00 pm on the day of the mother's birthday; and

c) In respect of the child's birthday ( November), in even years, from after school or 6.30 pm on the eve of the child's birthday until noon on the day of the child's birthday if that day is not a school day or until before school if that day is a school day.  In odd years with the mother from noon on the day of the child's birthday if that day is not a school day or from after school if it is a school day until before school or 10.00 am on the day after the child's birthday.

(10) In the event that either parent has a significant or special event such as a family gathering, wedding or other special event of which a parent has given the other parent at least 14 days prior written notice of their desire for the child to attend the event.  The parents will vary the time that the child lives with each of them and to enable her to attend that event.  Where a variation to these Orders is required then the parents shall provide for a makeup time, if requested by that parent at the earliest opportunity.

(11) In the event that either parent is unavailable to personally care for the child for a period exceeding 24 hours, then that parent shall immediately inform the other parent by email and telephone (if that parent is unable to be contacted then by leaving a message for the other parent), and inform them of the circumstance and give that other parent the first option to care for the child whilst he or she is unavailable pursuant to these orders.

Communications

(12) Subject to agreement to the contrary, the child shall have telephone contact with the parent with whom she is not residing between 7.00 pm and 7.30 pm each night.

(13) The parties shall each be entitled to communicate directly with the child's school and that each party do all things and give all necessary consents and authorities necessary to enable each parent to receive all reasonable information relating to the child's attendance and progress at school and to receive notices, newsletters, bulletins, school reports, photographs and information regarding the child's educational progress from the school which she attends.

(14) The parties may each attend parent/teacher interviews, concerts, carnivals and
other events at the school or in relation to the child's extra curricular activities
to which parents are invited from time to time, notwithstanding that at the time
of such an event the child may be in the care of the other party.

(15) Each parent authorise the school to nominate the other parent as an emergency contact person in the event of any emergency.

(16) Each party is restrained from:

a) Discussing these proceedings, or issues raised in these proceedings with the child, or with any other person in the presence or hearing of the child.

b) Denigrating the other parent or any member of their immediate or extended family to the child or to any person in the presence or hearing of the child.

Illness

(17) In the event the child is required to attend upon a doctor or medical professional, that each parent notify the other prior to any such attendance by the child and that no medical procedure or operation be performed on the child except without the joint consent of both the mother and the father, except in the event of an emergency where the child requires immediate medical treatment as advised by a qualified medical practitioner.
 
(18) In the event of an emergency and the child suffers from a serious injury or illness then the parent who has the care of the child is to inform the other parent as soon as possible and within 24 hours, of the details of the injury or illness and the name, address and telephone number of the relevant hospital or medical practitioner and the time of and outcome of that attendance.  That parent shall provide a copy of any medical report they may receive in relation to the child within three (3) days of receipt of that medical report.

Child's name

(19) At all times and for all purposes each of the parties is restrained from using any name for the child, other than her present name.

Specific Issues

(20) Both parties are retrained from causing the child to relocate permanently to an area not further than twenty (20) minutes travel time by car from the child's school unless otherwise agreed between them in writing.

(21) The parties shall:

a) Within seven (7) days of the making of these orders, contact Unifam and take all steps necessary to complete the intake procedure for the "Keeping Contact" program.

b) Comply with all necessary directions given by Unifam or such other course convenor to attend individual or joint therapeutic consultations, including attending upon appointed consultation dates; and

c) Involve the child in the process upon the recommendation of Unifam or such other course convenor.

(22) In the event a dispute arises in respect to these orders or their implementation the parties are to attend upon Unifam to see if agreement can be reached before any further application is made to this Court.

(23) Pursuant to Section 65DA(2) and Section 62B, the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders and details of who can assist parties adjust to and comply with an Order are set out in the Fact Sheet attached hereto and these particulars are included in these Orders.

It is noted that publication of this judgment under the pseudonym Trinder and Chiswick is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

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