Fulton and Packer (No 2)

Case

[2015] FamCA 846

12 October 2015


Details
AGLC Case Decision Date
Fulton and Packer (No 2) [2015] FamCA 846 [2015] FamCA 846 12 October 2015

CaseChat Overview and Summary

In *Fulton and Packer (No 2)*, Forrest J considered an application to vary existing parenting orders concerning a child, B. The dispute centred on the mother's compliance with previous orders and the father's ability to maintain a relationship with the child.

The court was required to determine whether to vary the existing parenting orders and, if so, on what terms. Specifically, the court had to consider the child's views regarding contact with the father and the mother's role in facilitating that contact. The court also had to consider the appropriateness of requiring the mother to attend a post-separation parenting program.

Forrest J applied the principles of the *Family Law Act 1975* (Cth), focusing on the best interests of the child. The court found it necessary to vary the previous orders to reflect the child's stated wishes for contact with the father, which were to be determined by the child. The mother was ordered to facilitate this contact and to keep the father informed of the child's development and schooling. Additionally, the mother was ordered to attend and complete a post-separation parenting program within six months, demonstrating her responsibility in accessing and completing such a program.

The court ordered that the mother attend and complete a post-separation parenting program within six months and provide proof of completion. The parenting order of Justice Kent dated 29 July 2013 was varied to allow the child to spend time with and communicate with the father as the child determines, with the mother to facilitate this. The father was granted limited communication rights, including sending gifts for birthdays and holidays, and was to be kept informed of the child's schooling, with the right to obtain school reports at his own cost. Approval was also given for the father to show a copy of the order to the child's school.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Remedies

  • Procedural Fairness

  • Statutory Construction

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