Jordan and Green

Case

[2009] FamCA 663

29 January 2009


Details
AGLC Case Decision Date
Jordan and Green [2009] FamCA 663 [2009] FamCA 663 29 January 2009

CaseChat Overview and Summary

This matter concerned an application for final orders relating to parental responsibility and living arrangements for a child. The proceedings were before Justice Fowler. The father did not appear at the hearing, and the Independent Children’s Lawyer, having been granted leave not to appear, had informed the Court that he supported the mother’s application.

The Court was required to determine the appropriate orders regarding parental responsibility, the child's residence, and the father's contact with the child. The Court also considered whether to make orders restraining the father from approaching the mother and the consequences of contravening any orders made.

Justice Fowler considered various materials, including the mother's applications and affidavits, an issues assessment, a single expert's report, and an affidavit from Ms Z. The Court noted that the father's Response to Initiating Application was dismissed. The mother was granted sole parental responsibility for the child, and the child was ordered to live with the mother. The father was restrained from approaching the mother directly or indirectly, except for the purpose of spending time and communicating with the child as per the orders. Contact between the father and the child was to be supervised at the Hobart Children’s Contact Service, at the discretion of that service, and not more than once every fourteen days. The Court also included a Fact Sheet detailing the obligations and consequences of contravening the orders, pursuant to ss 65DA(2) and 62B of the relevant legislation. The mother did not seek an order for costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Injunction

  • Procedural Fairness

  • Remedies

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