Crittenden and Pitfield
Case
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[2010] FamCA 317
•16 April 2010
Details
AGLC
Case
Decision Date
Crittenden and Pitfield [2010] FamCA 317
[2010] FamCA 317
16 April 2010
CaseChat Overview and Summary
In the matter of *Crittenden and Pitfield*, heard before Justice Rose, the dispute concerned parenting orders for a child born in May 1999. The proceedings involved the father and mother of the child, with the court ultimately making significant determinations regarding parental responsibility and the child's time with each parent.
The central legal issues before the court were the allocation of parental responsibility for the child, the arrangements for the child's time with each parent, and the provision for the child's ongoing counselling and communication with the mother. The court was also required to consider the implementation of recommendations from the child's school counsellor and the formalisation of these orders, including the consequences of contravention.
Justice Rose ordered that the father have sole parental responsibility for the child. The child was to spend time with the mother as agreed by the parties, or in default of agreement, as determined by the father. The father was directed to ensure the child continued to attend school counselling and implement all reasonable recommendations made by the counsellor. The father was also ordered to make the child available for telephone communication with the mother at reasonable times nominated by her. Furthermore, the father was to personally serve a sealed copy of the orders and certified reasons for judgment on the mother within seven days of receipt by his legal representatives. The court also directed that particulars of the obligations, consequences of contravention, and support services be included in a Fact Sheet attached to the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation. All previous orders and directions were discharged, and the proceedings were removed from the active pending cases list.
The central legal issues before the court were the allocation of parental responsibility for the child, the arrangements for the child's time with each parent, and the provision for the child's ongoing counselling and communication with the mother. The court was also required to consider the implementation of recommendations from the child's school counsellor and the formalisation of these orders, including the consequences of contravention.
Justice Rose ordered that the father have sole parental responsibility for the child. The child was to spend time with the mother as agreed by the parties, or in default of agreement, as determined by the father. The father was directed to ensure the child continued to attend school counselling and implement all reasonable recommendations made by the counsellor. The father was also ordered to make the child available for telephone communication with the mother at reasonable times nominated by her. Furthermore, the father was to personally serve a sealed copy of the orders and certified reasons for judgment on the mother within seven days of receipt by his legal representatives. The court also directed that particulars of the obligations, consequences of contravention, and support services be included in a Fact Sheet attached to the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation. All previous orders and directions were discharged, and the proceedings were removed from the active pending cases list.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Procedural Fairness
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Statutory Construction
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Citations
Crittenden and Pitfield [2010] FamCA 317
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