JENKINS & LLOYD

Case

[2009] FamCA 832

4 September 2009


Details
AGLC Case Decision Date
JENKINS & LLOYD [2009] FamCA 832 [2009] FamCA 832 4 September 2009

CaseChat Overview and Summary

In the matter of Jenkins & Lloyd, Bennett J considered parenting orders concerning the child B. The dispute involved the mother and father's arrangements for the child, with the court ultimately making significant orders regarding parental responsibility, living arrangements, and the child's time with each parent.

The court was required to determine the appropriate parenting orders for the child B, including who should have sole parental responsibility, where the child should live, and the nature and extent of the child's time with the father. Further issues included the facilitation of contact, the need for ongoing assessment of the parents' capacities and the child's welfare, and the parents' conduct towards each other. The court also considered the involvement of professionals, including a family consultant, an independent children's lawyer, and the parents' treating practitioners.

Bennett J discharged all previous parenting orders and made new orders granting the mother sole parental responsibility and the child's primary residence. The father's time with the child was to be progressively introduced and supervised, with specific conditions and reporting requirements. The court mandated the preparation of an updated Family Report to assess the child's progress and the parents' capacity for effective co-parenting, and to advise on future arrangements, including overnight stays and the continuation of supervised changeovers. The orders also included provisions for communication between the parents, prohibitions against denigration, and requirements for both parents to attend counselling and relevant courses, with ongoing reporting to the independent children's lawyer. The matter was adjourned for mention following the release of the Family Report or on a specified date for directions for a final hearing.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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D & D [2005] FamCA 356