Howlett and Morris

Case

[2016] FamCA 710

26 August 2016


Details
AGLC Case Decision Date
Howlett and Morris [2016] FamCA 710 [2016] FamCA 710 26 August 2016

CaseChat Overview and Summary

This case concerned a dispute between the mother, Ms Morris, and the father, Mr Howlett, regarding parental responsibility and time with their two children, J and P. The matter came before Foster J.

The court was required to determine the terms of orders concerning sole parental responsibility, the children's residence, the father's time with the children, communication between the parents, and various restrictions and obligations placed upon each parent. Key issues included the extent to which the father should be informed of medical and educational matters, the conditions under which the father could spend time with the children, and the involvement of a third party, Ms X, in the children's lives.

Foster J made orders granting the mother sole parental responsibility and the children's residence with her. The father was granted supervised time with the children, with the paternal grandmother to be a supervisor, and specific conditions were imposed regarding the presence and communication of Ms X. The father was also ordered to engage in therapy, and the mother was directed to engage in therapy and to comply with recommendations regarding the children's medical care. Both parents were restrained from denigrating each other and from discussing the proceedings in the presence of the children or on social media. The orders also stipulated communication protocols between the parents, including the use of SMS or email for arrangements and responses.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

Goode & Goode [2006] FamCA 1346
MRR v GR [2010] HCA 4
Mazorski & Albright [2007] FamCA 520