BENNETT & ROBERTS

Case

[2015] FamCA 1139

18 December 2015


Details
AGLC Case Decision Date
BENNETT & ROBERTS [2015] FamCA 1139 [2015] FamCA 1139 18 December 2015

CaseChat Overview and Summary

In the matter of *Bennett & Roberts*, Benjamin J considered parenting orders concerning a child born in 2011. The dispute involved the mother, Ms Roberts, and the father, Mr Bennett, regarding the future care and time arrangements for their child.

The court was required to determine the specific parenting orders that would govern the child's life, including issues of parental responsibility, the child's residence, and the nature and extent of the child's time with each parent. The court also had to consider the terms of any injunctions and the discharge of previous orders and appointments.

Benjamin J discharged all previous parenting orders and made new orders. The mother was granted sole parental responsibility, with specific exceptions regarding the child's name change and the requirement to keep the father informed of major long-term issues. The child was to live with the mother by consent. The father's time with the child was to be supervised and was structured with increasing duration and frequency over time, commencing with monthly supervised visits and progressing to fortnightly supervised visits from January 2017. The father was ordered to meet the costs of supervision, and communication between the child and father was to be as agreed in writing. An injunction was also granted, prohibiting the father from using alcohol or illicit drugs while the child was in his care. The court also addressed the return of documents and exhibits, the dismissal of extant applications, and the potential for relisting the proceedings for mechanical orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Costs

  • Appeal

  • Procedural Fairness

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