Howell and Carter
Case
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[2015] FCCA 3464
•9 December 2015
Details
AGLC
Case
Decision Date
Howell and Carter [2015] FCCA 3464
[2015] FCCA 3464
9 December 2015
CaseChat Overview and Summary
In *Howell and Carter*, the court considered orders concerning a child, X, born in 2011. The dispute involved the parents' responsibilities and contact arrangements for X. The court's primary focus was on ensuring X's welfare and safety, particularly in light of concerns raised about the Father's behaviour and its impact on X.
The legal issues before the court included determining the appropriate parental responsibility arrangements, establishing a safe and supervised contact regime for the Father, and addressing the Father's need for behavioural and psychological assessments. The court also had to consider the Mother's ability to travel with X and the need for ongoing reporting and assessments to inform future decisions.
The court ordered that the Mother have sole parental responsibility for X, and that X live with the Mother. The Father's time with X was to be facilitated through the Berry Street Contact Service, with specific requirements for the Father to enrol in and complete a Men's Behaviour Change Course, attend drug and alcohol counselling, and undergo neuropsychological and psychiatric assessments. Injunctions were imposed to prevent either parent from denigrating the other or discussing proceedings in X's presence. The court also requested X be removed from the Airport Watch List and permitted the Mother to travel with X under specific conditions, while also ordering an updated Family Report to be prepared for a final hearing.
The legal issues before the court included determining the appropriate parental responsibility arrangements, establishing a safe and supervised contact regime for the Father, and addressing the Father's need for behavioural and psychological assessments. The court also had to consider the Mother's ability to travel with X and the need for ongoing reporting and assessments to inform future decisions.
The court ordered that the Mother have sole parental responsibility for X, and that X live with the Mother. The Father's time with X was to be facilitated through the Berry Street Contact Service, with specific requirements for the Father to enrol in and complete a Men's Behaviour Change Course, attend drug and alcohol counselling, and undergo neuropsychological and psychiatric assessments. Injunctions were imposed to prevent either parent from denigrating the other or discussing proceedings in X's presence. The court also requested X be removed from the Airport Watch List and permitted the Mother to travel with X under specific conditions, while also ordering an updated Family Report to be prepared for a final hearing.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Remedies
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Costs
Actions
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Citations
Howell and Carter [2015] FCCA 3464
Most Recent Citation
HOWELL & CARTER (No.2) [2017] FCCA 377
Cases Cited
0
Statutory Material Cited
2