Applegarth and Applegarth

Case

[2009] FamCA 517

15 May 2009


Details
AGLC Case Decision Date
Applegarth and Applegarth [2009] FamCA 517 [2009] FamCA 517 15 May 2009

CaseChat Overview and Summary

In *Applegarth and Applegarth*, heard by Bennett J, the dispute concerned parenting arrangements for the child of the marriage, R, born in October 2000, and the final alteration of property interests between the parties.

The court was required to determine the appropriate parenting orders, specifically regarding parental responsibility, where the child would live, and whether the husband should have any time with or communication with the child. Additionally, the court noted the pending property settlement applications.

Bennett J ordered that the wife have sole parental responsibility for R and that R live with the wife. Crucially, no orders were made for the husband to spend time with or communicate with the child. These parenting orders were to be accompanied by a Fact Sheet detailing the obligations, consequences of contravention, and available assistance, as provided for by Sections 65DA(2) and 62B of the relevant legislation.

The court also ordered that all parenting applications be removed from the pending cases list. The competing applications for the final alteration of property interests were adjourned for a conciliation conference, with the husband to participate by telephone.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

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