Borchard and Portner

Case

[2019] FamCA 524

8 August 2019


Details
AGLC Case Decision Date
Borchard and Portner [2019] FamCA 524 [2019] FamCA 524 8 August 2019

CaseChat Overview and Summary

In the matter of *Borchard and Portner*, Austin J considered orders concerning a child, B, born in 2007. The dispute involved the parental responsibility and living arrangements for the child, as well as the nature and extent of communication between the child and the mother.

The court was required to determine the appropriate orders regarding the child's parental responsibility, where the child should live, and the specific arrangements for communication between the child and the mother. Additionally, the court had to consider orders to prevent denigration of either parent in the child's presence, provisions for notification of medical emergencies, and the sharing of educational information. The court also had to address the discharge of previous orders and the dismissal of outstanding applications.

Austin J discharged all former orders concerning the child B. The court ordered that the father have sole parental responsibility and that the child live with the father. Specific provisions were made for the mother to communicate with the child through letters, cards, and gifts on significant dates, and for the father to acknowledge receipt and convey any communication the child wished to send to the mother. The court also made orders restraining both parties from denigrating each other in the child's presence and requiring the father to notify the mother of medical emergencies, authorising communication with treating health professionals. Further orders mandated the father to provide school reports and photograph order forms to the mother at her expense, and for both parties to keep each other informed of their contact details. The court also directed that the child be informed of the orders by the Independent Children's Lawyer. The orders explicitly stated that they intentionally made no provision to compel or restrain the child's interaction with the mother, leaving that decision to the child. All other outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Appeal

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