DUNCAN & GRIFFITH

Case

[2013] FamCA 25

24 January 2013


Details
AGLC Case Decision Date
DUNCAN & GRIFFITH [2013] FamCA 25 [2013] FamCA 25 24 January 2013

CaseChat Overview and Summary

This matter concerned orders made by Bell J in the Family Court of Australia concerning the living arrangements and parental responsibilities for two children, M and E. The proceedings were heard on an undefended basis, indicating that the Father did not participate in the hearing or present any material.

The primary legal issues before the court were to determine the children's residence, the allocation of parental responsibility, and the nature and extent of the Father's time with the children. The court was also required to consider orders relating to communication between the Father and children, the disclosure of school reports, and restrictions on the Father's conduct concerning the children and the Mother.

Bell J ordered that the children live with the Mother and that the Mother have sole parental responsibility. The Father was granted supervised time with the children for a minimum of two hours every eight weeks, with the costs to be shared equally. The court imposed specific conditions on the Father, including a prohibition on alcohol or illicit drug use for twelve hours prior to contact, and obligations regarding his mobile telephone number and communication with the Mother. Further orders addressed communication with the children via telephone, the release of school reports (excluding residential addresses), and restrictions on the Father attending the Mother's residence or the children's school. The court also included a provision allowing the Father to seek unsupervised time upon completion of a parenting course. The Independent Children's Lawyer was discharged.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

6

Rosa & Rosa [2009] FamCAFC 81