Fagin & Burrough

Case

[2021] FCCA 1413

26 May 2021


Details
AGLC Case Decision Date
Fagin & Burrough [2021] FCCA 1413 [2021] FCCA 1413 26 May 2021

CaseChat Overview and Summary

This matter concerned parenting arrangements for a child born in 2018, with Mr Fagin as the applicant and Ms Burrough as the respondent. The proceedings were before O'Shannessy J in the Federal Circuit Court of Australia.

The court was required to determine the living arrangements for the child and the time the child would spend with each parent. Additionally, the court needed to address various ancillary matters concerning communication between the parents, the father's attendance at psychological and medical appointments, the mother's attendance at psychological appointments, the disclosure of reports to professionals, and the parents' participation in specific programs. The court also made orders regarding property valuations and set a timetable for the final hearing.

O'Shannessy J made orders by consent, establishing a schedule for the child to live with the mother and spend time with the father, with the latter's time gradually increasing. The orders also mandated the use of a family contact centre for changeovers, the use of a parenting application for communication, and stipulated notification requirements for changes in contact details. Specific orders were made concerning the father's alcohol consumption, his continued attendance at psychological and medical appointments, and the mother's attendance at psychological appointments. The Independent Children's Lawyer was granted liberty to provide certain reports to the parents' respective professionals. The court also ordered the parties to attend a POP Program and to complete necessary forms for a Family Report, which was to address matters relevant to sections 60CC, 61DA, and 65DAA of the *Family Law Act 1975*. Further orders were made for property valuations and a detailed timetable for the filing of trial affidavits and other documents in preparation for a final hearing. The court also noted the parties' intention to mediate privately after the Family Report was released and provided information regarding family violence provisions and the Commonwealth Family Violence and Cross-Examination of Parties Scheme.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Costs

  • Procedural Fairness

  • Remedies

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