Barker and Barker

Case

[2007] FamCA 1279

28 September 2007


Details
AGLC Case Decision Date
Barker and Barker [2007] FamCA 1279 [2007] FamCA 1279 28 September 2007

CaseChat Overview and Summary

In the matter of *Barker and Barker*, Dessau J of the Family Court of Australia considered orders concerning the welfare of two children, J and G, born in July 1995. The dispute involved arrangements for the children's residence, time with each parent, and parental responsibilities.

The court was required to determine the appropriate parenting orders for the children, specifically addressing issues of joint responsibility, residence, and the specific times and conditions under which the husband would have contact with the children. The court also considered the role of an Independent Children's Lawyer and the location for the transfer of the children between parents.

Dessau J ordered that previous orders regarding the children be dismissed, and that the husband and wife retain equal joint responsibility for them. The children were to continue residing with the wife, with the husband to have specific, limited time with them, including every third Saturday, Father's Day, Boxing Day, and a weekly telephone contact. Crucially, the court ordered that the children were not to attend the husband's home or any other residence without another adult present. The Independent Children's Lawyer was to retain a supervisory brief for 12 months, and changeovers were to occur at a designated Family Support Centre, with an alternative location specified if the primary venue was closed. The court also incorporated a Fact Sheet detailing the obligations and consequences of contravening the orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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