Heimat and Heimat

Case

[2013] FamCA 628

22 July 2013


Details
AGLC Case Decision Date
Heimat and Heimat [2013] FamCA 628 [2013] FamCA 628 22 July 2013

CaseChat Overview and Summary

In the matter of *Heimat and Heimat*, Bell J of the Family Court of Australia considered an application concerning the parenting arrangements for two children, B and C. The proceedings were undefended, indicating that the Father did not participate in the court's determination of the orders. The core of the dispute, as reflected in the orders made, concerned the living arrangements, parental responsibility, and the extent of the Father's contact with the children.

The court was required to determine the appropriate orders regarding the children's residence, parental responsibility, and the nature and extent of any time the Father would spend with them, or any communication he would have. Additionally, the court considered the extent to which the Father should be provided with information regarding the children's schooling and health, and the formal notification requirements for significant medical events.

Bell J made orders on an undefended basis, determining that the children, B and C, would live with the Mother and that the Mother would have sole parental responsibility. Crucially, the Father was ordered to spend no time with or communicate with the children. However, the orders did permit the Father, at his cost, to receive copies of school reports and newsletters, and to be provided with information regarding the children's educational and social progress. The Mother was also directed to inform the Father promptly of any serious medical condition or illness affecting the children. These orders were accompanied by a document detailing the obligations, consequences of contravention, and available assistance, as required by sections 62B and 65DA(2) of the relevant legislation.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

3

BECKINGHAM & VALLENS [2020] FCCA 3389
Nappert and Pagel [2020] FCCA 1238
Mandall & Camdyn (No 2) [2022] FedCFamC1A 91
Cases Cited

1

Statutory Material Cited

0

Sayer v Radcliffe [2012] FamCAFC 209
Sayer v Radcliffe [2012] FamCAFC 209