ATKINSON & ATKINSON

Case

[2019] FamCA 436

4 July 2019


Details
AGLC Case Decision Date
ATKINSON & ATKINSON [2019] FamCA 436 [2019] FamCA 436 4 July 2019

CaseChat Overview and Summary

In *Atkinson & Atkinson*, heard by Foster J, the proceedings concerned parenting orders for a child. Following the release of an expert's report, the father filed a notice of discontinuance. The case involved allegations of family violence perpetrated by the father, and the child had been diagnosed with oppositional defiance disorder and attention deficit hyperactivity disorder.

The central legal issue before the court was the determination of the child's best interests in light of the expert's recommendations and the father's conduct. The expert report recommended that the father have identity contact only with the child. The court was required to consider these factors in making final parenting orders.

Foster J made orders reflecting the mother's application and the position supported by the Independent Children's Lawyer. The court ordered that the mother have sole parental responsibility for the child, that the child live with the mother, and that the child spend no time with and have no contact with the father. Further orders restrained the father from contacting or approaching the child, or any school, childcare facility, or extra-curricular activity attended by the child. The mother was also granted leave to travel internationally with the child without the father's consent and to apply for an Australian travel document for the child without his consent.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Expert Evidence

  • Natural Justice

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

1

Mayne & Tomlin & Anor [2020] FamCA 898
Cases Cited

2

Statutory Material Cited

1

ATKINSON & ATKINSON [2017] FamCA 274
Mazorski & Albright [2007] FamCA 520