Groth & Banks
Case
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[2013] FamCA 430
•11 June 2013
Details
AGLC
Case
Decision Date
Groth & Banks [2013] FamCA 430
[2013] FamCA 430
11 June 2013
CaseChat Overview and Summary
In the matter of *Groth & Banks*, heard by Cronin J, the dispute concerned parenting arrangements for the child J, born in October 2010. Mr Groth was the applicant father and Ms Banks was the respondent mother.
The court was required to determine whether the presumption of parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) was rebutted, and to make orders regarding the parental responsibility and living arrangements for the child.
Cronin J declared that Mr Groth and Ms Banks were the parents of J and that the presumption in section 61DA of the *Family Law Act 1975* (Cth) was not rebutted. The court ordered that the parties have equal shared parental responsibility for major long-term decisions concerning the child, and that the child live with the mother. The court also made detailed orders regarding the time the child would spend with the father, including specific schedules for weekdays, weekends, school holidays, and special occasions, with provisions for handovers and medical information access. Extant parenting orders were discharged from June 2013, and the Independent Children's Lawyer was discharged from the proceedings. The court also ordered that the parties attend upon a Mr P for assistance in implementing the orders, with costs to be borne by the applicant father.
The court was required to determine whether the presumption of parental responsibility under section 61DA of the *Family Law Act 1975* (Cth) was rebutted, and to make orders regarding the parental responsibility and living arrangements for the child.
Cronin J declared that Mr Groth and Ms Banks were the parents of J and that the presumption in section 61DA of the *Family Law Act 1975* (Cth) was not rebutted. The court ordered that the parties have equal shared parental responsibility for major long-term decisions concerning the child, and that the child live with the mother. The court also made detailed orders regarding the time the child would spend with the father, including specific schedules for weekdays, weekends, school holidays, and special occasions, with provisions for handovers and medical information access. Extant parenting orders were discharged from June 2013, and the Independent Children's Lawyer was discharged from the proceedings. The court also ordered that the parties attend upon a Mr P for assistance in implementing the orders, with costs to be borne by the applicant father.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Costs
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Remedies
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Citations
Groth & Banks [2013] FamCA 430
Most Recent Citation
Gulden & Nazmi [2023] FedCFamC2F 94
Cases Citing This Decision
10
Masson & Parsons & Anor
[2017] FamCA 789
GROTH & BANKS
[2017] FamCA 3
RYAN & FRASER
[2014] FamCA 763
Cases Cited
12
Statutory Material Cited
5
Donnell & Dovey
[2010] FamCAFC 15
Aldridge & Keaton
[2009] FamCAFC 229
Re Mark: An Application Relating to Parental Responsibilities
[2003] FamCA 822