Donaghey & Donaghey

Case

[2011] FamCA 13

19 January 2011


Details
AGLC Case Decision Date
Donaghey & Donaghey [2011] FamCA 13 [2011] FamCA 13 19 January 2011

CaseChat Overview and Summary

In the matter of *Donaghey & Donaghey*, Murphy J of the Family Court of Australia made parenting orders concerning the child J. The proceedings involved a dispute between the parents regarding the child's upbringing and care arrangements.

The court was required to determine issues relating to parental responsibility for long-term decisions, the child's living arrangements, the nature and extent of time the child would spend with each parent, and communication between the child and the mother. Additionally, the court considered the need for supervised contact and the provision of information regarding the child's health and education.

Murphy J ordered that the father have sole parental responsibility for all major long-term issues, subject to a process of advising the mother in writing, seeking her response, considering it in the child's best interests, and then advising her of the final decision. The child was ordered to live with the father, with a supervised changeover facilitated by a Family Consultant. The mother was initially prohibited from spending time or communicating with the child, with supervised time and limited communication to commence thereafter, gradually transitioning to unsupervised time and more extensive communication as specified in the orders. The father was also ordered to facilitate the mother's access to information about the child's health and education, with specific exceptions.

The court further ordered that compliance with changeover arrangements and parenting orders be supervised by a Family Consultant, who would provide assistance to the parties. The Independent Children's Lawyer was discharged three months from the date of the orders, and all extant applications were dismissed. The orders also included provisions for the publication of the proceedings and the return of documents and exhibits.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

16

Keane & Keane [2020] FamCA 99
Conrad and Killen [2017] FamCA 737
Nugent and Berg [2017] FamCA 79
Cases Cited

7

Statutory Material Cited

4

Marsden & Winch (No. 3) [2007] FamCA 1364
Sayer v Radcliffe [2012] FamCAFC 209
Goode & Goode [2006] FamCA 1346