Hanks and Cain
Case
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[2013] FamCA 1156
•19 December 2013
Details
AGLC
Case
Decision Date
Hanks and Cain [2013] FamCA 1156
[2013] FamCA 1156
19 December 2013
CaseChat Overview and Summary
In the matter of *Hanks and Cain*, heard before Macmillan J, the dispute concerned parenting orders for a child named V. The mother, Ms Hanks, sought orders for sole parental responsibility, that the child live with her, and permission to relocate with the child to Country B. The father, Mr Cain, was also involved in the proceedings.
The court was required to determine whether to discharge previous parenting orders and make new orders regarding the child's residence, parental responsibility, and the mother's ability to relocate with the child. Additionally, the court had to consider the father's compliance with prior orders and his failure to appear at the hearing, as well as whether to dispense with the requirement for the mother to undertake family dispute resolution.
Macmillan J discharged all previous parenting orders and made new orders granting Ms Hanks sole parental responsibility for V. The child was ordered to live with the mother, and she was permitted to relocate with V to Country B. The mother was also authorised to apply for a passport for the child without the father's consent. The court made specific provisions for service of these orders upon the father, directing them to be sent to his paternal grandmother. The father was given a period of 30 days after deemed service to file any application to set aside the orders and provide reasons for his non-compliance with a previous order and his absence from the current hearing. The requirement for the mother to file a family dispute resolution certificate was dispensed with.
The court was required to determine whether to discharge previous parenting orders and make new orders regarding the child's residence, parental responsibility, and the mother's ability to relocate with the child. Additionally, the court had to consider the father's compliance with prior orders and his failure to appear at the hearing, as well as whether to dispense with the requirement for the mother to undertake family dispute resolution.
Macmillan J discharged all previous parenting orders and made new orders granting Ms Hanks sole parental responsibility for V. The child was ordered to live with the mother, and she was permitted to relocate with V to Country B. The mother was also authorised to apply for a passport for the child without the father's consent. The court made specific provisions for service of these orders upon the father, directing them to be sent to his paternal grandmother. The father was given a period of 30 days after deemed service to file any application to set aside the orders and provide reasons for his non-compliance with a previous order and his absence from the current hearing. The requirement for the mother to file a family dispute resolution certificate was dispensed with.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Citations
Hanks and Cain [2013] FamCA 1156
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