BALDWIN & MERRICK AND ORS
Case
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[2018] FamCA 538
•10 July 2018
Details
AGLC
Case
Decision Date
BALDWIN & MERRICK AND ORS [2018] FamCA 538
[2018] FamCA 538
10 July 2018
CaseChat Overview and Summary
In the matter of BALDWIN & MERRICK AND ORS, Hogan J considered an application concerning the living arrangements and parental responsibilities for two children, D and S. The dispute involved the parents' relationship and the father's contact with the children, particularly in light of past incidents that had led to the suspension of supervised contact. The Independent Children’s Lawyer was also a party to the proceedings.
The court was required to determine the primary residence of the children, the allocation of parental responsibility for long-term decisions, and the terms and conditions under which the father would have supervised contact with the children. Further issues included the father's ability to change the children's surnames, the provision of information to contact centres, the father's financial responsibility for contact, and the communication protocols between the parents regarding the children's welfare and any medical emergencies.
By consent, the court ordered that the children live with the Mother and that she have sole parental responsibility for all long-term decisions. However, the Mother was restrained from changing the children's surnames from Merrick. Supervised time between the children and the Father was to occur at a contact centre, not exceeding one occasion per month for up to three hours, with the Father responsible for all associated costs. The court also permitted the provision of specific documents to a proposed contact centre to inform them of past issues, including the father's convictions and the circumstances leading to the suspension of his previous contact. The father was permitted to send cards and gifts, and letters, subject to the Mother's or contact centre supervisor's discretion regarding their appropriateness and delivery. The Mother was ordered to provide the Father with written updates on the children's welfare every six months and to notify him of any medical emergencies within 24 hours. The parties were also ordered to keep each other informed of their current email addresses.
The court was required to determine the primary residence of the children, the allocation of parental responsibility for long-term decisions, and the terms and conditions under which the father would have supervised contact with the children. Further issues included the father's ability to change the children's surnames, the provision of information to contact centres, the father's financial responsibility for contact, and the communication protocols between the parents regarding the children's welfare and any medical emergencies.
By consent, the court ordered that the children live with the Mother and that she have sole parental responsibility for all long-term decisions. However, the Mother was restrained from changing the children's surnames from Merrick. Supervised time between the children and the Father was to occur at a contact centre, not exceeding one occasion per month for up to three hours, with the Father responsible for all associated costs. The court also permitted the provision of specific documents to a proposed contact centre to inform them of past issues, including the father's convictions and the circumstances leading to the suspension of his previous contact. The father was permitted to send cards and gifts, and letters, subject to the Mother's or contact centre supervisor's discretion regarding their appropriateness and delivery. The Mother was ordered to provide the Father with written updates on the children's welfare every six months and to notify him of any medical emergencies within 24 hours. The parties were also ordered to keep each other informed of their current email addresses.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Costs
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Injunction
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Jurisdiction
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Remedies
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