Berryman and Jones and Anor

Case

[2009] FamCA 305

10 March 2009


Details
AGLC Case Decision Date
Berryman and Jones and Anor [2009] FamCA 305 [2009] FamCA 305 10 March 2009

CaseChat Overview and Summary

Bell J presided over proceedings involving the mother and the father, with the paternal grandmother also participating, concerning parenting arrangements for a child born in April 2005. The dispute centred on the residence of the child, parental responsibility, and the nature and extent of the child's time with both the father and the paternal grandmother.

The court was required to determine the primary residence of the child, who should hold parental responsibility, and the specific arrangements for the child to spend time with the paternal grandmother. Further issues included the father's time with the child, the allocation of travel costs for the child, and the need for updated psychological reports to inform future decisions. The court also had to consider the inclusion of a fact sheet detailing the obligations and consequences of contravening the orders made.

In reaching its decision, the court ordered that the child reside with the mother and that the mother have sole parental responsibility. The child was to spend time with the paternal grandmother during specified periods, with handovers to occur at Roma Street Railway Station, Brisbane. The paternal grandmother was also tasked with negotiating the father's time with the child during these periods. The court allocated responsibility for the child's travel costs between the mother and the paternal grandmother for different months. An updated report from a psychologist was ordered, with specific times set for the mother, father, and paternal grandmother to attend interviews, and the party with whom the child was residing was to bring the child to these appointments. The court also ordered that particulars of the obligations, consequences of contravention, and support services be included in a fact sheet attached to the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Expert Evidence

  • Procedural Fairness

  • Remedies

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