Hunt and Theophane

Case

[2009] FamCA 1053

6 November 2009


Details
AGLC Case Decision Date
Hunt and Theophane [2009] FamCA 1053 [2009] FamCA 1053 6 November 2009

CaseChat Overview and Summary

In the matter of *Hunt and Theophane*, Benjamin J considered parenting orders concerning a child born in September 2006. The dispute involved the mother's desire to relocate the child's residence and the father's objections, alongside broader issues of parental responsibility and time spent with each parent.

The court was required to determine the extent of parental responsibility to be allocated to each parent, specifically whether the mother should have sole parental responsibility. Further issues included the conditions under which the child's residence could be changed, the extent to which each parent should be involved in major long-term decisions concerning the child's education and health, and the specific arrangements for the child to spend time with each parent, including during school holidays and significant dates. The court also considered provisions for communication between the parties and the child, and the prevention of denigration of either parent.

Benjamin J discharged all previous parenting orders and made new orders allocating sole parental responsibility to the mother, subject to specific conditions. These conditions included restrictions on changing the child's residence beyond a 75-kilometre radius from Cairns Post Office without consent or court approval, and permission for relocation within the Atherton area. The court also made orders restraining parties from interfering with the child's participation in the other parent's religious observations and from altering the child's name without agreement or court order. Detailed provisions were made for the child to live with the mother and spend time with the father, with specific arrangements for changeovers, school holidays, and significant dates, which were to evolve from late 2009 through to 2013 and beyond. The orders also included provisions for communication, information sharing regarding major long-term issues, and mutual undertakings not to denigrate each other.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

1

C & B [2007] FMCAfam 539