Harris and Jackson

Case

[2009] FamCA 550

26 June 2009


Details
AGLC Case Decision Date
Harris and Jackson [2009] FamCA 550 [2009] FamCA 550 26 June 2009

CaseChat Overview and Summary

This matter concerned the parenting arrangements for a child, E, born in July 2003, between her mother and father. The proceedings were before Murphy J.

The court was required to determine the legal issues surrounding the child's living arrangements, time spent with each parent, communication between the child and the father, and the exchange of information between the parents regarding the child's welfare and education. Further issues included the facilitation of assessments and reports concerning the child's best interests and the parties' parenting capacities, as well as the potential for the parties to reach agreement on future co-parenting arrangements.

Murphy J made orders establishing equal shared parental responsibility for the child, with the child to live with her mother. Specific arrangements were detailed for the child to spend time with her father during school holidays and on certain significant dates, and for telephone communication. The orders also mandated the facilitation of information exchange between the parents, including details of medical treatment and educational progress. Crucially, the court ordered further assessment by a Mr C, with the Independent Children's Lawyer to facilitate a report on various aspects relevant to the child's best interests, including the impact of the mother's belief systems, the parties' parenting capacities, the child's relationship with her father, and the stability of the arrangements. The parties were directed to provide assessments of the interim orders and any outstanding issues to the Independent Children's Lawyer, with provisions for vacating further assessments and reports if agreement on future co-parenting arrangements was reached. If agreement was not reached, the matter was to be listed for further directions and a hearing before Murphy J.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

  • Costs

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Fox v Percy [2003] HCA 22
M v M [1988] HCA 68