Fyfe and Bartell
Case
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[2016] FCCA 2545
•4 October 2016
Details
AGLC
Case
Decision Date
Fyfe and Bartell [2016] FCCA 2545
[2016] FCCA 2545
4 October 2016
CaseChat Overview and Summary
In the matter of *Fyfe and Bartell*, heard before Judge Phipps, the dispute concerned parenting orders for a child, X, born in 2009. The court was tasked with determining the future living arrangements and parental responsibility for X, following previous orders that were now being discharged.
The central legal issues before the court were: firstly, who should have sole parental responsibility for the child; secondly, with whom the child should live; and thirdly, the nature and extent of the child's time spent with the other parent. The court also considered the role of the Independent Children's Lawyer and other extant applications.
Judge Phipps reasoned that it was in the child's best interests for the mother to have sole parental responsibility and for the child to live with her. The court ordered that the child spend time with the father once each month, with this time to be supervised by a professional supervisor approved by the mother or another independent person approved by the mother. All previous orders were discharged, extant applications were dismissed, and the Independent Children's Lawyer was discharged.
The central legal issues before the court were: firstly, who should have sole parental responsibility for the child; secondly, with whom the child should live; and thirdly, the nature and extent of the child's time spent with the other parent. The court also considered the role of the Independent Children's Lawyer and other extant applications.
Judge Phipps reasoned that it was in the child's best interests for the mother to have sole parental responsibility and for the child to live with her. The court ordered that the child spend time with the father once each month, with this time to be supervised by a professional supervisor approved by the mother or another independent person approved by the mother. All previous orders were discharged, extant applications were dismissed, and the Independent Children's Lawyer was discharged.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Citations
Fyfe and Bartell [2016] FCCA 2545
Most Recent Citation
Fyfe and Bartell (No.2) [2016] FCCA 2755
Cases Cited
4
Statutory Material Cited
3
M v M
[1988] HCA 68
M v M
[1988] HCA 68
Briginshaw v Briginshaw
[1938] HCA 34