Darbin and Presley (No. 2)
Case
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[2008] FamCA 835
•28 April 2008
Details
AGLC
Case
Decision Date
Darbin and Presley (No. 2) [2008] FamCA 835
[2008] FamCA 835
28 April 2008
CaseChat Overview and Summary
In *Darbin and Presley (No. 2)*, the Honourable Justice Mushin of the Family Court of Australia considered parenting orders concerning a child born in June 2002. The dispute revolved around the arrangements for the child's residence, decision-making authority, and the extent of the mother's time with the child, as well as communication and access to information about the child's well-being.
The court was required to determine the primary residence of the child, who would hold the sole duty and responsibility for making all parenting decisions, and the conditions under which the mother would spend time with the child. Further issues included the mother's entitlement to communicate with the child and her right to receive information regarding the child's schooling and medical condition.
Justice Mushin ordered that the child live with the father and that the father have sole parental decision-making responsibility. The mother's time with the child was reserved, subject to written agreement between the parties, provided such time occurred in Hobart and was supervised by the Hobart Child Contact Centre, with both parties required to comply with the Centre's directions. The mother was authorised to communicate with the child via letters, cards, and gifts. The father was also directed to facilitate the mother's access to school reports and to inform her of any serious medical conditions, authorising her to obtain and discuss reports from relevant medical practitioners, subject to the practitioners' requirements. Liberty to apply was reserved for both parties.
The court was required to determine the primary residence of the child, who would hold the sole duty and responsibility for making all parenting decisions, and the conditions under which the mother would spend time with the child. Further issues included the mother's entitlement to communicate with the child and her right to receive information regarding the child's schooling and medical condition.
Justice Mushin ordered that the child live with the father and that the father have sole parental decision-making responsibility. The mother's time with the child was reserved, subject to written agreement between the parties, provided such time occurred in Hobart and was supervised by the Hobart Child Contact Centre, with both parties required to comply with the Centre's directions. The mother was authorised to communicate with the child via letters, cards, and gifts. The father was also directed to facilitate the mother's access to school reports and to inform her of any serious medical conditions, authorising her to obtain and discuss reports from relevant medical practitioners, subject to the practitioners' requirements. Liberty to apply was reserved for both parties.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Jurisdiction
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Costs
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Natural Justice
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Procedural Fairness
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