Berryman and Heenan
Case
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[2014] FCCA 570
•18 February 2014
Details
AGLC
Case
Decision Date
Berryman and Heenan [2014] FCCA 570
[2014] FCCA 570
18 February 2014
CaseChat Overview and Summary
In the matter of *Berryman and Heenan*, heard by Judge Dunkley, the dispute concerned parental responsibility and specific orders relating to the upbringing of two children. The mother sought sole parental responsibility, while the father's position and the precise nature of his objections are not detailed in the provided text, beyond the court's ultimate orders.
The court was required to determine the appropriate orders regarding parental responsibility, including the extent of the mother's authority and any limitations on her decision-making concerning the children's religious observances, international travel, and passport applications. Additionally, the court needed to establish protocols for the father's involvement in the children's medical and allied health care appointments.
Judge Dunkley ordered that the mother have sole parental responsibility for the children. However, this was qualified by specific prohibitions against the mother allowing the children to participate in non-Christian religious observances, obtaining passports for them, or permitting them to travel outside Australia without further court order or the father's written consent. The mother was also ordered to provide the father with at least seven days' written notice of non-urgent medical or allied health appointments, including details of the appointment and provider, and the father was granted permission to attend such appointments. The court also noted that particulars of these obligations and the consequences of contravention were set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the relevant legislation.
The court was required to determine the appropriate orders regarding parental responsibility, including the extent of the mother's authority and any limitations on her decision-making concerning the children's religious observances, international travel, and passport applications. Additionally, the court needed to establish protocols for the father's involvement in the children's medical and allied health care appointments.
Judge Dunkley ordered that the mother have sole parental responsibility for the children. However, this was qualified by specific prohibitions against the mother allowing the children to participate in non-Christian religious observances, obtaining passports for them, or permitting them to travel outside Australia without further court order or the father's written consent. The mother was also ordered to provide the father with at least seven days' written notice of non-urgent medical or allied health appointments, including details of the appointment and provider, and the father was granted permission to attend such appointments. The court also noted that particulars of these obligations and the consequences of contravention were set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the relevant legislation.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
Berryman and Heenan [2014] FCCA 570
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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