Bracewell and Southall (No. 2)
Case
•
[2009] FamCA 113
•12 February 2009
Details
AGLC
Case
Decision Date
Bracewell and Southall (No. 2) [2009] FamCA 113
[2009] FamCA 113
12 February 2009
CaseChat Overview and Summary
In *Bracewell and Southall (No. 2)*, Cronin J of the Family Court of Australia considered parenting orders concerning a child, C, born in October 1998. The dispute involved the father and mother of the child, with the Independent Children’s Lawyer also playing a role.
The central legal issues before the court were the determination of parenting orders, specifically regarding parental responsibility and the child's residence. The court was required to assess the best interests of the child in making these determinations and to consider the father's amended response filed on 29 January 2009.
Cronin J reasoned that the existing parenting orders should be discharged. The court ordered that the father have sole parental responsibility for the child C and that the child live with the father. The court also directed that the father arrange for service of these orders and the reasons for judgment upon the mother. The Independent Children’s Lawyer was discharged, and the father's amended response was dismissed. All other extant applications were dismissed and removed from the list.
The central legal issues before the court were the determination of parenting orders, specifically regarding parental responsibility and the child's residence. The court was required to assess the best interests of the child in making these determinations and to consider the father's amended response filed on 29 January 2009.
Cronin J reasoned that the existing parenting orders should be discharged. The court ordered that the father have sole parental responsibility for the child C and that the child live with the father. The court also directed that the father arrange for service of these orders and the reasons for judgment upon the mother. The Independent Children’s Lawyer was discharged, and the father's amended response was dismissed. All other extant applications were dismissed and removed from the list.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Jurisdiction
-
Remedies
-
Costs
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Brown & Brown
[2004] FamCA 1067
Queensland v JL holdings Pty Ltd
[1997] HCA 1