Fliss & Kierson
Case
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[2008] FamCA 101
•8 February 2008
Details
AGLC
Case
Decision Date
Fliss & Kierson [2008] FamCA 101
[2008] FamCA 101
8 February 2008
CaseChat Overview and Summary
In *Fliss & Kierson*, the applicant, Ms Fliss (the paternal grandmother), sought orders permitting her to relocate with the child from South-East Queensland to Sydney. The respondent mother opposed the relocation and sought orders for the child to live with her. The child, born in February 2000, had expressed wishes to live with the paternal grandmother.
The court was required to determine with whom the child should live, considering the mother's refusal to accept a diagnosis of schizophrenia and her refusal to take prescribed medication. A further issue was whether to grant the paternal grandmother permission to relocate with the child to Sydney.
Barry J ordered that the child live with the paternal grandmother, granting her and the father sole responsibility for the child's care, welfare, and development. The court permitted the paternal grandmother to relocate with the child to Sydney. The mother was granted supervised time with the child for three hours during daylight in March, June, September, and December each year, to be supervised by the father. The mother was also at liberty to forward gifts and correspondence to the child.
The court was required to determine with whom the child should live, considering the mother's refusal to accept a diagnosis of schizophrenia and her refusal to take prescribed medication. A further issue was whether to grant the paternal grandmother permission to relocate with the child to Sydney.
Barry J ordered that the child live with the paternal grandmother, granting her and the father sole responsibility for the child's care, welfare, and development. The court permitted the paternal grandmother to relocate with the child to Sydney. The mother was granted supervised time with the child for three hours during daylight in March, June, September, and December each year, to be supervised by the father. The mother was also at liberty to forward gifts and correspondence to the child.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Natural Justice
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Procedural Fairness
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Remedies
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Citations
Fliss & Kierson [2008] FamCA 101
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