Boyer and Boyer and Anor

Case

[2010] FamCA 1140

29 November 2010


Details
AGLC Case Decision Date
Boyer and Boyer and Anor [2010] FamCA 1140 [2010] FamCA 1140 29 November 2010

CaseChat Overview and Summary

In the matter of *Boyer and Boyer and Anor*, Justice Le Poer Trench of the Family Court of Australia considered parenting orders concerning a child, T. The proceedings involved the mother, Ms Boyer, and the father, Mr Boyer, with the maternal grandfather also playing a role in the arrangements. The core of the dispute revolved around the future living arrangements and contact schedule for the child.

The court was required to determine the primary residence of the child, the specific terms and conditions of the child's time spent with the father, and the extent of supervised contact and communication between the parties. Further issues included the appointment and role of an Independent Children's Lawyer, measures to prevent the child's removal from Australia, and the methods by which the parents could communicate with each other and with the child. The court also addressed the father's consent to certain restrictions on his conduct.

Justice Le Poer Trench discharged all prior parenting orders and ordered that the child live with the mother. A detailed schedule for the child's time with the father was established, commencing with supervised contact and gradually increasing in duration and independence over several months. The court mandated supervision by a family consultant for a period of 12 months, including assistance to the parties and monitoring of the child's school performance. The mother was directed to facilitate communication between the child and father, with specific restrictions on the father's direct contact until a later date. The court also imposed restraints on both parents regarding denigration of each other and on the father concerning physical discipline and alcohol consumption. To prevent international child abduction, the child's name was placed on the Airport Watch List, and the Australian Federal Police were authorised to give effect to these orders. The Independent Children's Lawyer's appointment was continued for 12 months.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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