FAMILY COURT OF AUSTRALIA
| BARKER & BARKER AND ANOR | [2018] FamCA 692 |
Donnell & Dovey [2010] FAMCAFC 15 | ||||
| APPLICANT: | Ms A Barker | |||
| FIRST RESPONDENT: | Ms B Barker |
| SECOND RESPONDENT: | Mr Perkins |
| FILE NUMBER: | PAC | 2929 | of | 2017 |
| DATE DELIVERED: | 7 September 2018 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Hannam J |
| HEARING DATE: | 19 July 2018 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Dignan and Hanrahan Solicitors and Attorneys |
| FIRST RESPONDENT: | No appearance by or for the First Respondent |
| SECOND RESPONDENT: | No appearance by or for the Second Respondent |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Maddox of Counsel |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Stanfords Solicitors and Conveyors |
Orders
The Applicant maternal grandmother have sole parental responsibility for the child X born … 2014 (“the child”).
The child live with the Applicant maternal grandmother.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Barker & Barker and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: PAC2929 of 2017
| Ms A Barker |
Applicant
And
| Ms B Barker |
First Respondent
And
Mr Perkins
Second Respondent
REASONS FOR JUDGMENT
Introduction
These proceedings concern the long term parenting arrangements in respect of four year old X, the child of Ms B Barker (“the mother”) and Mr Perkins (“the father”).
Following the parents’ separation on a final basis in March 2016 the mother and the child moved into the maternal grandmother’s home and the child spent regular time with the father under an informal arrangement.
The maternal grandmother initiated these proceedings in the Federal Circuit Court (“FCC”) in June 2017. They were…
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- Case
- [2018] FamCA 692
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was to determine the best interests of the child, X, in circumstances where the maternal grandmother was seeking to be granted sole parental responsibility and for the child to live with her. This required the court to consider all relevant factors under the *Family Law Act 1975* (Cth) to ascertain what arrangement would best serve the child's welfare.
Hannam J ordered that the applicant maternal grandmother have sole parental responsibility for the child and that the child live with her. These orders reflect the court's determination that such arrangements were in the child's best interests, although the specific reasoning and the factors that led to this conclusion are not elaborated upon in the provided extract.
Orders
Orders of the court
1.
The Applicant maternal grandmother have sole parental responsibility for the child X born … 2014 (“the child”).
2.
The child live with the Applicant maternal grandmother.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.