BLACKETT & LEICESTER
Case
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[2014] FCCA 1619
•24 July 2014
Details
AGLC
Case
Decision Date
Blackett and Leicester [2014] FCCA 1619
[2014] FCCA 1619
24 July 2014
CaseChat Overview and Summary
In the Federal Circuit Court of Australia at Brisbane, Judge Lapthorn considered an application concerning the child X, born in 2004. The dispute arose following the death of the child's mother, with competing applications for residence between the child's father and the maternal grandparents.
The court was required to determine whether equal shared parental responsibility was appropriate in these circumstances, and to make interim orders regarding the child's living arrangements, time with each party, and other related matters. The court also considered the application of the principles established in *Goode & Goode* in the context of these competing applications.
The court ordered that the applicant maternal grandparents and the respondent father have equal shared parental responsibility for the child. The child was ordered to live with the maternal grandparents, with specific provisions for the child to spend time with the father each alternate weekend and half of the school holidays. The court also mandated that the parties facilitate grief and family counselling for the child and engage with the counsellor as recommended. Furthermore, the court ordered that the child be represented by an Independent Children’s Lawyer and that a family report be prepared, with the report writer to consider various factors including those outlined in sections 60CC and 65DAA of the *Family Law Act 1975*, the child's developmental and emotional state, his relationships, and his wishes. The matter was adjourned for a final hearing.
The court was required to determine whether equal shared parental responsibility was appropriate in these circumstances, and to make interim orders regarding the child's living arrangements, time with each party, and other related matters. The court also considered the application of the principles established in *Goode & Goode* in the context of these competing applications.
The court ordered that the applicant maternal grandparents and the respondent father have equal shared parental responsibility for the child. The child was ordered to live with the maternal grandparents, with specific provisions for the child to spend time with the father each alternate weekend and half of the school holidays. The court also mandated that the parties facilitate grief and family counselling for the child and engage with the counsellor as recommended. Furthermore, the court ordered that the child be represented by an Independent Children’s Lawyer and that a family report be prepared, with the report writer to consider various factors including those outlined in sections 60CC and 65DAA of the *Family Law Act 1975*, the child's developmental and emotional state, his relationships, and his wishes. The matter was adjourned for a final hearing.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Citations
Blackett and Leicester [2014] FCCA 1619
Most Recent Citation
Astbury & Ors & Astbury [2014] FCCA 2751
Cases Cited
2
Statutory Material Cited
1
Goode & Goode
[2006] FamCA 1346
Potts & Bims
[2007] FamCA 394