Godfrey and Hampton and Anor

Case

[2009] FamCA 717

15 July 2009


Details
AGLC Case Decision Date
Godfrey and Hampton and Anor [2009] FamCA 717 [2009] FamCA 717 15 July 2009

CaseChat Overview and Summary

This matter concerned parenting orders for a child, J Hampton (also known as J Godfrey), born in May 1997. The proceedings were before Barry J. The orders detail arrangements for the child's residence, care, welfare, and development, as well as significant provisions regarding the child's name and travel.

The court was required to determine the living arrangements for the child, including who would have sole responsibility for the child's long-term and short-term care, welfare, and development. Further issues included the child's schooling and the use of the child's name, as well as the extent of information sharing between the parents and medical professionals regarding the child's health and educational progress. The court also had to establish specific time arrangements for the child to spend with the Father and the Maternal Grandfather during school terms and holidays, including provisions for international travel and passport management.

Barry J ordered that the child live with the Mother, who was granted sole responsibility for the child's care, welfare, and development. The court directed that the child be enrolled at school as "J Godfrey," and all parties were restrained from using the name "J Hampton" on the child's property. The orders authorised schools and medical professionals to provide information to the Father upon request and at his cost. Detailed provisions were made for the Father and Maternal Grandfather to spend time with the child, including specific arrangements for school holidays and overseas travel, with the Mother retaining the child's passport. The child's birth certificate name was to be changed to J Godfrey, and the Australian Passport Office was to be approached to update the child's passport accordingly. The Father was restrained from placing the child on the Airport Watch List without agreement or court order. Finally, the parties were prohibited from instituting further proceedings regarding parenting orders without leave of the court.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Remedies

  • Procedural Fairness

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