Drew and Lowe (No 2)

Case

[2010] FamCA 673

28 July 2010


Details
AGLC Case Decision Date
Drew and Lowe (No 2) [2010] FamCA 673 [2010] FamCA 673 28 July 2010

CaseChat Overview and Summary

This matter concerned orders made by Murphy J in the Federal Circuit and Family Court of Australia concerning the parental responsibility and time arrangements for a child, B, born in August 2007. The orders were made by consent as between the Father and the Independent Children's Lawyer, and in default of any appearance by the Mother.

The court was required to determine the arrangements for the child's sole parental responsibility for major long-term issues, daily care and welfare, exchange of information between parents, time spent with each parent, and communication. The court also addressed miscellaneous provisions regarding supervision, alcohol and substance use, and the dismissal of extant applications.

Murphy J ordered that the Father have sole parental responsibility for major long-term issues, with the Mother responsible for the child's daily care when the child is with her, and the Father responsible when the child is with him. The child was to live with the Father. The Mother's time with the child was to be facilitated through supervised visits via the M Community Legal Service, commencing with one supervised visit per month for up to eight hours, with notice requirements. Following six such visits, the parents were to attend family dispute resolution to discuss future arrangements. The orders also stipulated requirements for information exchange, respectful communication between parents, and prohibitions on alcohol and illicit substance use in the child's presence.

The court further ordered the dismissal of all extant applications, the return of subpoenaed documents and exhibits, and the discharge of the Independent Children's Lawyer. The particulars of the obligations and consequences of contravening these orders were to be set out in an attached Fact Sheet, which was to be included in the orders. The Minutes of Consent between the Father and the Independent Children's Lawyer were to remain on the Court file.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Procedural Fairness

  • Remedies

  • Standing

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