BALDWIN & BALDWIN
Case
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[2014] FamCA 43
•6 February 2014
Details
AGLC
Case
Decision Date
BALDWIN & BALDWIN [2014] FamCA 43
[2014] FamCA 43
6 February 2014
CaseChat Overview and Summary
Forrest J made orders concerning the parenting of a child, L, born in September 2008, in proceedings between the child's mother and father. The dispute centred on the arrangements for the child's living situation, parental responsibility, and time spent with each parent.
The court was required to determine the primary residence of the child, the allocation of parental responsibility for long-term decisions, and the specific arrangements for the child's time with the father, including the nature and extent of supervision. Further issues included the communication between the parents, the father's conduct towards the child and the mother, and the need for further assessments and reports to inform future orders.
The court ordered that the child live with the mother and that the mother have sole parental responsibility for all "major long-term issues" as defined by the *Family Law Act 1975*. The mother was directed to consult with the father in writing regarding such decisions, allowing him 14 days to reply before she makes a final decision and advises him of it. The child's time with the father was to be supervised, with specific arrangements for the duration and nature of the supervision, including the involvement of paternal grandparents and a professional supervisor, Ms B, whose fees were to be paid by the father. The father was also restrained from denigrating the mother or her family and from using physical discipline on the child. The orders mandated the completion of parenting courses by the father and required reports from a psychologist, Mr D, concerning the father's engagement with therapy and his overall assessment. The mother was also to attend upon a psychologist, Ms E, if recommended.
The court further ordered that a further family report be prepared in six months by Ms G or another nominated report writer, with the costs to be shared equally by the parents if Legal Aid Queensland did not cover them. The father was also required to cooperate in obtaining a passport for the child, which the mother would retain. The matter was adjourned for further hearing and directions.
The court was required to determine the primary residence of the child, the allocation of parental responsibility for long-term decisions, and the specific arrangements for the child's time with the father, including the nature and extent of supervision. Further issues included the communication between the parents, the father's conduct towards the child and the mother, and the need for further assessments and reports to inform future orders.
The court ordered that the child live with the mother and that the mother have sole parental responsibility for all "major long-term issues" as defined by the *Family Law Act 1975*. The mother was directed to consult with the father in writing regarding such decisions, allowing him 14 days to reply before she makes a final decision and advises him of it. The child's time with the father was to be supervised, with specific arrangements for the duration and nature of the supervision, including the involvement of paternal grandparents and a professional supervisor, Ms B, whose fees were to be paid by the father. The father was also restrained from denigrating the mother or her family and from using physical discipline on the child. The orders mandated the completion of parenting courses by the father and required reports from a psychologist, Mr D, concerning the father's engagement with therapy and his overall assessment. The mother was also to attend upon a psychologist, Ms E, if recommended.
The court further ordered that a further family report be prepared in six months by Ms G or another nominated report writer, with the costs to be shared equally by the parents if Legal Aid Queensland did not cover them. The father was also required to cooperate in obtaining a passport for the child, which the mother would retain. The matter was adjourned for further hearing and directions.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
BALDWIN & BALDWIN [2014] FamCA 43
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Marsden & Winch (No. 3)
[2007] FamCA 1364
M v M
[1988] HCA 68
Briginshaw v Briginshaw
[1938] HCA 34