Bamford and Mandes (No.4)
Case
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[2018] FCCA 3929
•17 December 2018
Details
AGLC
Case
Decision Date
Bamford and Mandes (No.4) [2018] FCCA 3929
[2018] FCCA 3929
17 December 2018
CaseChat Overview and Summary
In *Bamford and Mandes (No.4)*, Judge Terry of the Federal Circuit and Family Court of Australia considered parenting orders concerning a child born in 2011. The dispute involved the arrangements for the child's residence, parental responsibility, and contact with the mother, as well as international travel and contact with the maternal grandfather.
The court was required to determine the primary issue of where the child should live and who should hold parental responsibility. Further questions arose regarding the extent of the mother's time with the child, the father's ability to travel internationally with the child without the mother's consent, and whether the mother should be prohibited from bringing the child into contact with the maternal grandfather.
The court discharged all previous parenting orders. It ordered that the child live with the father and that the father have sole parental responsibility. The mother was to spend time with the child as agreed in writing by the parents, with the court expressing a hope that the father would not unreasonably prevent the mother from spending time with the child if she changed her mind, subject to certain conditions regarding her residential address and shared drop-off/collection arrangements. The father was permitted to obtain a passport for the child and travel internationally with the child without the mother's consent. Crucially, the mother was prohibited from bringing the child into contact with the maternal grandfather or allowing any other person to do so. Both parents were ordered to keep each other informed of their contact details.
The court was required to determine the primary issue of where the child should live and who should hold parental responsibility. Further questions arose regarding the extent of the mother's time with the child, the father's ability to travel internationally with the child without the mother's consent, and whether the mother should be prohibited from bringing the child into contact with the maternal grandfather.
The court discharged all previous parenting orders. It ordered that the child live with the father and that the father have sole parental responsibility. The mother was to spend time with the child as agreed in writing by the parents, with the court expressing a hope that the father would not unreasonably prevent the mother from spending time with the child if she changed her mind, subject to certain conditions regarding her residential address and shared drop-off/collection arrangements. The father was permitted to obtain a passport for the child and travel internationally with the child without the mother's consent. Crucially, the mother was prohibited from bringing the child into contact with the maternal grandfather or allowing any other person to do so. Both parents were ordered to keep each other informed of their contact details.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Remedies
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