Hurley and Simpson
Case
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[2016] FamCA 139
•4 March 2016
Details
AGLC
Case
Decision Date
Hurley and Simpson [2016] FamCA 139
[2016] FamCA 139
4 March 2016
CaseChat Overview and Summary
In a proceeding before Watts J, the court considered orders concerning the parental responsibility and time arrangements for a child, B, born in 2012. The dispute involved the mother and the father, with the court ultimately making specific orders regarding the child's surname, residence, and the father's limited time with the child.
The court was required to determine the appropriate allocation of parental responsibility, the specific living arrangements for the child, and the nature and frequency of the father's time with the child. Additionally, the court addressed the practical arrangements for changeovers, the involvement of external services and therapy for the mother, and the exchange of medical and educational information between the parents. The court also considered orders aimed at protecting the child from parental conflict and ensuring the parents' communication regarding significant life changes.
Watts J ordered that the mother have sole responsibility for the child, with the child to live with her. The father's time with the child was significantly restricted to specific, short periods on the first Saturday of May, July, October, December, and February each year, with strict protocols for changeovers at a police station to avoid contact between the parents and with the father's current partner or paternal grandmother. The mother was directed to continue engaging with specified services and therapy. The orders also mandated the exchange of medical reports, notification of hospital admissions or emergencies, and the provision of school-related information to both parents. Furthermore, both parents were restrained from discussing the proceedings or speaking negatively about the other parent or their family in the child's presence, and were required to take steps to prevent others from doing so. The orders incorporated details regarding contravention and assistance as set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
The court was required to determine the appropriate allocation of parental responsibility, the specific living arrangements for the child, and the nature and frequency of the father's time with the child. Additionally, the court addressed the practical arrangements for changeovers, the involvement of external services and therapy for the mother, and the exchange of medical and educational information between the parents. The court also considered orders aimed at protecting the child from parental conflict and ensuring the parents' communication regarding significant life changes.
Watts J ordered that the mother have sole responsibility for the child, with the child to live with her. The father's time with the child was significantly restricted to specific, short periods on the first Saturday of May, July, October, December, and February each year, with strict protocols for changeovers at a police station to avoid contact between the parents and with the father's current partner or paternal grandmother. The mother was directed to continue engaging with specified services and therapy. The orders also mandated the exchange of medical reports, notification of hospital admissions or emergencies, and the provision of school-related information to both parents. Furthermore, both parents were restrained from discussing the proceedings or speaking negatively about the other parent or their family in the child's presence, and were required to take steps to prevent others from doing so. The orders incorporated details regarding contravention and assistance as set out in an attached Fact Sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Remedies
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Citations
Hurley and Simpson [2016] FamCA 139
Most Recent Citation
Norris (a pseudonym) v Hewitt (a pseudonym) [2025] VCC 545