BLEAKLEY & DELANEY

Case

[2017] FamCA 137

10 March 2017


Details
AGLC Case Decision Date
BLEAKLEY & DELANEY [2017] FamCA 137 [2017] FamCA 137 10 March 2017

CaseChat Overview and Summary

This matter concerned parenting orders for a child born in 2012, with the parties being the mother and the father. The dispute revolved around the arrangements for the child's residence, parental responsibility, and time spent with each parent. The court was required to determine the most appropriate parenting orders in the best interests of the child, considering the recommendations of a single expert and the circumstances of the parents.

The court was tasked with determining who should have parental responsibility for the child, where the child should reside, and the specific arrangements for the child to spend time with the father. This included establishing a framework for the re-introduction of the father to the child, the gradual increase of unsupervised time, and provisions for holidays. The court also had to consider the ongoing involvement of an Independent Children’s Lawyer and the release of medical reports to treating practitioners.

Cleary J discharged all previous parenting orders and made new orders reflecting a phased approach to the child's time with the father. The mother was granted sole parental responsibility and the child was ordered to live with her. The orders detailed a structured plan for the child to spend time with the father, commencing with supervised re-introduction at a Children's Contact Centre, followed by progressively increasing periods of supervised and then unsupervised time. These arrangements were predicated on the geographical locations of the parties and included specific provisions for holidays and communication. The court also mandated that both parents continue with their respective psychological treatments and allowed for the sharing of relevant reports with their treating practitioners. The Independent Children's Lawyer was to continue representing the child's interests for a further twelve months.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Costs

  • Remedies

  • Procedural Fairness

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