BURRELL & BURRELL

Case

[2015] FamCA 1163

26 March 2015


Details
AGLC Case Decision Date
BURRELL & BURRELL [2015] FamCA 1163 [2015] FamCA 1163 26 March 2015

CaseChat Overview and Summary

In the matter of *Burrell & Burrell*, the court was asked to determine parenting orders concerning the children, P and L, born in 1999 and 2001 respectively. The dispute involved the mother, Ms Burrell, and the father, Mr Burrell, regarding the future care and contact arrangements for their children.

The court was required to determine the primary caregiver for the children, the extent of the father's parental responsibility and contact, and the mechanisms to facilitate communication and a renewed relationship between the father and the children. Further issues included the provision of information to the father regarding the children's schooling and medical care, and the involvement of a nominated professional for family therapy. The court also considered restrictions on the mother's conduct towards the children and the father, and the role and costs associated with the Independent Children's Lawyer.

Le Poer Trench J discharged all prior parenting orders and made new orders granting the mother sole parental responsibility for the children, with the children to live with her. The court ordered the mother to encourage the children to renew their relationship with the father and to interact with him when he makes contact, with the children spending time with the father in accordance with their wishes. The orders detailed specific provisions for communication, including email and postal contact, and the father's attendance at school functions. Crucially, the court mandated that both parents engage with a nominated counsellor or therapist for family therapy, with equal cost sharing, and that the mother facilitate the children's attendance and compliance. The mother was also restrained from physically chastising the children, speaking to them abusively, or denigrating the father. The Independent Children's Lawyer was to explain the orders to the children and confirm their safety in the father's care.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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