Hebbard and Jandrey

Case

[2020] FCCA 2507

19 August 2020


Details
AGLC Case Decision Date
HEBBARD & JANDREY [2020] FCCA 2507 [2020] FCCA 2507 19 August 2020

CaseChat Overview and Summary

This matter concerned an application before Judge Young, involving the parties Hebbard and Jandrey, and their child, X. The dispute centred on parenting arrangements for the child, with the parties seeking a long adjournment to facilitate the development of a relationship between the child and his father.

The court was required to determine the specific orders governing the child's living arrangements, parental responsibility, communication with both parents, and time spent with the father. Key issues included the allocation of decision-making authority for the child's health and welfare, the practicalities of communication and contact, and the geographical limitations on the father's time with the child. The court also needed to address the father's involvement in the child's schooling and the exchange of information between the parents regarding the child's well-being.

By consent, the court made orders that the child would live with the mother, who would have sole parental responsibility for major and long-term decisions, subject to notifying and considering the father's views. Regular communication between the child and father was mandated, with specific times and methods outlined, including the father providing a mobile phone for the child. The father's supervised time with the child was detailed for specific holiday periods, with restrictions on removing the child from agreed locations and provisions for the child's return to the mother if requested. Handovers were to occur with the maternal grandmother at a designated service station. The father was granted liberty to communicate with the child's school and attend school functions, provided he did not approach the mother. The mother was ordered to keep the father informed in writing of significant details regarding the child's schooling, residence, and medical condition. The matter was adjourned for a child-inclusive conference with a Family Consultant, who was to provide advice to the court on agreed and disputed issues, and recommendations for further orders.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

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