Baulkham and Lester
Case
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[2017] FCCA 2311
•14 September 2017
Details
AGLC
Case
Decision Date
Baulkham and Lester [2017] FCCA 2311
[2017] FCCA 2311
14 September 2017
CaseChat Overview and Summary
In the matter of Baulkham and Lester, heard by Judge O'Sullivan, the dispute concerned parenting orders for a child born in 2006. The court was required to determine the future arrangements for the child's residence, parental responsibility, and communication between the parents.
The court's reasoning led to a significant alteration of previous orders. It was determined that the mother should have sole parental responsibility for the child, and the child was to live with the mother. Communication between the father and the child was to be limited to written correspondence once a month, with the mother facilitating any response from the child. The child's time spent with the father was to be as agreed with the mother or in accordance with the child's wishes. The mother was also ordered to keep the father informed of the child's medical issues and to provide him with her address for correspondence. Both parents were restrained from making negative remarks about each other or their families to the child, and were required to ensure no other person did so.
The court ordered the discharge of all previous orders concerning the child, the dismissal of all extant applications, and the discharge of the Independent Children's Lawyer. Crucially, pursuant to s 65DA(2) of the *Family Law Act 1975*, the orders included particulars of the obligations created and the consequences of contravention.
The court's reasoning led to a significant alteration of previous orders. It was determined that the mother should have sole parental responsibility for the child, and the child was to live with the mother. Communication between the father and the child was to be limited to written correspondence once a month, with the mother facilitating any response from the child. The child's time spent with the father was to be as agreed with the mother or in accordance with the child's wishes. The mother was also ordered to keep the father informed of the child's medical issues and to provide him with her address for correspondence. Both parents were restrained from making negative remarks about each other or their families to the child, and were required to ensure no other person did so.
The court ordered the discharge of all previous orders concerning the child, the dismissal of all extant applications, and the discharge of the Independent Children's Lawyer. Crucially, pursuant to s 65DA(2) of the *Family Law Act 1975*, the orders included particulars of the obligations created and the consequences of contravention.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Procedural Fairness
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Remedies
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Citations
Baulkham and Lester [2017] FCCA 2311
Cases Citing This Decision
0
Cases Cited
13
Statutory Material Cited
2
Re F: Litigants in person guidelines
[2001] FamCA 348
Irish & Michelle
[2009] FamCA 66
Eyton & Eyton & Ors
[2013] FamCA 657