Horrigan and Horrigan
Case
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[2018] FamCA 924
•29 August 2018
Details
AGLC
Case
Decision Date
Horrigan and Horrigan [2018] FamCA 924
[2018] FamCA 924
29 August 2018
CaseChat Overview and Summary
This matter concerned parenting orders made by Benjamin J in the Family Court of Australia. The parties, referred to as "The Father" and "The Mother," sought consent orders regarding their child, B, born in 2011. The proceedings also involved an Independent Children's Lawyer.
The court was required to determine the terms of consent parenting orders, which necessitated varying an existing Police Family Violence Order that prohibited contact between the father and the mother. The legal issues involved establishing arrangements for B's schooling, living arrangements, holiday periods, communication between parents, and various other matters concerning B's welfare and development, including medical care and parental conduct.
Benjamin J made orders by consent in accordance with a minute signed by the parties and the Independent Children's Lawyer. These orders established equal shared parental responsibility for major long-term issues, detailed B's living arrangements with each parent, and outlined specific arrangements for holidays, including Easter and Christmas, and Anzac Day. The orders also included provisions for communication between the parents, parental involvement in B's education and medical care, and injunctions restraining certain behaviours, such as denigrating the other parent or discussing proceedings with B. Furthermore, the orders mandated parental therapy for both the mother and the father, and directed that a Dr T explain the orders to B and continue to see the family. The court also ordered that all extant parenting applications be dismissed and that each party contribute to the Independent Children's Lawyer's costs.
The court was required to determine the terms of consent parenting orders, which necessitated varying an existing Police Family Violence Order that prohibited contact between the father and the mother. The legal issues involved establishing arrangements for B's schooling, living arrangements, holiday periods, communication between parents, and various other matters concerning B's welfare and development, including medical care and parental conduct.
Benjamin J made orders by consent in accordance with a minute signed by the parties and the Independent Children's Lawyer. These orders established equal shared parental responsibility for major long-term issues, detailed B's living arrangements with each parent, and outlined specific arrangements for holidays, including Easter and Christmas, and Anzac Day. The orders also included provisions for communication between the parents, parental involvement in B's education and medical care, and injunctions restraining certain behaviours, such as denigrating the other parent or discussing proceedings with B. Furthermore, the orders mandated parental therapy for both the mother and the father, and directed that a Dr T explain the orders to B and continue to see the family. The court also ordered that all extant parenting applications be dismissed and that each party contribute to the Independent Children's Lawyer's costs.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Costs
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Injunction
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Procedural Fairness
Actions
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Citations
Horrigan and Horrigan [2018] FamCA 924
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Statutory Material Cited
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