Corey and Jebbett (No. 2)

Case

[2019] FamCA 358

29 May 2019


Details
AGLC Case Decision Date
Corey and Jebbett (No. 2) [2019] FamCA 358 [2019] FamCA 358 29 May 2019

CaseChat Overview and Summary

This matter concerned parenting orders for a child, D, born in 2012, who had special needs. The dispute involved the mother and father regarding the child's schooling and the mother's access to and maintenance of suitable therapy for the child. The Department of Child Safety, Youth and Women was also involved. The proceedings were before Kent J.

The court was required to determine several key issues, including whether a meaningful relationship of benefit to the child could be established and maintained between the child and his father, whether the child ought to attend mainstream schooling or be home-schooled by his mother, and whether the mother was adequately accessing and maintaining suitable therapy for the child.

The court's reasoning led to comprehensive orders aimed at ensuring the child's welfare and development. The mother was granted sole parental responsibility for major long-term decisions, with specific communication protocols for the father. The child was ordered to live with the mother and spend no time with the father. The orders detailed extensive provisions for the child's therapies, including a multidisciplinary assessment and adherence to professional recommendations. Significant attention was also given to the child's schooling, outlining pathways for enrolment in special schools, mainstream schools, or home-schooling, depending on assessment outcomes. The father was directed to engage with a consultant psychiatrist. The court also made orders regarding the dissemination of relevant documents to professionals and the Department of Child Safety, Youth and Women.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Standing

  • Costs

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Cases Citing This Decision

2

JEBBETT & COREY [2020] FamCAFC 104
Cases Cited

4

Statutory Material Cited

2

Corey and Jebbett (No. 2) [2018] FamCA 1034
H & K [2001] FamCA 687
Betros & Betros [2017] FamCAFC 90