Godfrey and Hampton and Anor
Case
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[2008] FamCA 820
•25 September 2008
Details
AGLC
Case
Decision Date
Godfrey and Hampton and Anor [2008] FamCA 820
[2008] FamCA 820
25 September 2008
CaseChat Overview and Summary
In the matter of *Godfrey and Hampton and Anor*, Barry J of the Family Court of Australia considered an application concerning a child born in May 1997. The dispute involved the parents' obligations regarding the child's passport and arrangements for the child's time with the father, as well as communication between the father and child.
The court was required to determine whether a Registrar should be authorised to sign a passport application form if either parent failed to do so within seven days, and if so, where the issued passport should be kept. Additionally, the court needed to make orders regarding the conclusion of the father's time with the child and the father's telephone communication with the child, including the terms of any undertakings.
Barry J ordered that if the passport application was not signed and lodged by either parent within seven days, a Registrar was authorised to sign it in lieu of the neglecting parent. The child's passport, upon issuance, was to be lodged with the court for safekeeping. The father's time with the child was to conclude on Monday mornings, rather than Sunday evenings at 6:00 pm. By consent, and upon the father's undertaking not to be intoxicated, he was granted telephone communication with the child every Tuesday and Thursday nights, at a time to be agreed with the mother, or between 6:30 pm and 7:30 pm in the absence of agreement. The court also ordered that particulars of these obligations, potential consequences of contravention, and sources of assistance were to be set out in a separate annexed document, pursuant to sections 62B and 65DA(2) of the relevant legislation. The proceedings were adjourned for further directions and listing.
The court was required to determine whether a Registrar should be authorised to sign a passport application form if either parent failed to do so within seven days, and if so, where the issued passport should be kept. Additionally, the court needed to make orders regarding the conclusion of the father's time with the child and the father's telephone communication with the child, including the terms of any undertakings.
Barry J ordered that if the passport application was not signed and lodged by either parent within seven days, a Registrar was authorised to sign it in lieu of the neglecting parent. The child's passport, upon issuance, was to be lodged with the court for safekeeping. The father's time with the child was to conclude on Monday mornings, rather than Sunday evenings at 6:00 pm. By consent, and upon the father's undertaking not to be intoxicated, he was granted telephone communication with the child every Tuesday and Thursday nights, at a time to be agreed with the mother, or between 6:30 pm and 7:30 pm in the absence of agreement. The court also ordered that particulars of these obligations, potential consequences of contravention, and sources of assistance were to be set out in a separate annexed document, pursuant to sections 62B and 65DA(2) of the relevant legislation. The proceedings were adjourned for further directions and listing.
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Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Jurisdiction
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Remedies
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Procedural Fairness
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