Donaghey and Donaghey (No 2)

Case

[2011] FamCA 255

6 April 2011


Details
AGLC Case Decision Date
Donaghey and Donaghey (No 2) [2011] FamCA 255 [2011] FamCA 255 6 April 2011

CaseChat Overview and Summary

In *Donaghey and Donaghey (No 2)*, Murphy J of the Family Court of Australia made orders concerning the parenting arrangements for a child, J. The proceedings involved the child's mother and father, and the Independent Children's Lawyer. The court was dealing with a situation where previous orders had been made, and the current orders reflected a significant shift in the child's care and contact arrangements.

The primary legal issues before the court were the appropriate parenting orders to be made for J, specifically regarding the discharge and substitution of existing orders. This included determining the terms of the mother's contact with the child, the role of a contact centre in facilitating this contact, and the need for a report from a Family Consultant. The court also considered the continued involvement of the Independent Children's Lawyer and the matter of costs.

Murphy J's reasoning led to a substantial variation of the previous orders. The court noted that the child had been delivered into the father's care following a Recovery Order. Consequently, the mother was prohibited from spending time or communicating with the child until a specified date. Thereafter, supervised time with the mother was to occur at a contact centre, with specific provisions for when and how this contact would take place. The court also requested a report from the Family Consultant on the child's interactions and emotional state, and directed the Family Consultant to be available to give oral evidence. The Independent Children's Lawyer was to remain involved in the proceedings. The court reserved costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1