Bolton and Whittaker and Anor

Case

[2010] FamCA 286

20 April 2010


Details
AGLC Case Decision Date
Bolton and Whittaker and Anor [2010] FamCA 286 [2010] FamCA 286 20 April 2010

CaseChat Overview and Summary

In the matter of *Bolton and Whittaker and Anor*, Justice Austin of the Family Court of Australia considered a dispute concerning parenting orders for a child named L. The proceedings involved the mother and the father, with the court ultimately making significant orders regarding the child's upbringing and the parties' interactions.

The court was required to determine a range of issues relating to the child's welfare, including who should have parental responsibility, where the child should live, and the nature and extent of contact between the child and the father. Further issues included the supervision of contact, the involvement of medical professionals, communication between the parents regarding the child's health and education, and restrictions on the behaviour of the father, paternal grandmother, and paternal grandfather. The court also addressed the use of specific terms of address for the father and the child's surname, and the prohibition of corporal punishment.

Justice Austin discharged all former parenting orders and made new orders granting the mother sole parental responsibility and the right for the child to live with her. Supervised time was ordered for the father, with specific provisions for supervisors, costs, timing, and venue. The mother was directed to arrange medical consultations for the child and to keep the father informed of the results and any emergencies, authorising communication between treating professionals and the father. Significant restraints were placed on the father, paternal grandmother, and paternal grandfather regarding contact with the child at school, communication with the child, and examining the child for injuries. Both parents were restrained from denigrating each other or their families in the child's presence and from inflicting corporal punishment. Specific orders were made regarding the child's surname and the use of terms of address for the father. The court also noted that these orders could only be varied by a subsequent court order and incorporated details of obligations and consequences for contravention.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

M v M [1988] HCA 68
H & K [2001] FamCA 687