Madden and Smithers
Case
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[2009] FamCA 813
•19 June 2009
Details
AGLC
Case
Decision Date
Madden and Smithers [2009] FamCA 813
[2009] FamCA 813
19 June 2009
CaseChat Overview and Summary
In *Madden and Smithers*, heard by Jordan J, the dispute concerned the parental responsibility and living arrangements for two children, S and J. The orders indicate a significant disagreement between the parents regarding the children's welfare and future.
The court was required to determine the appropriate orders regarding parental responsibility, where the children should live, and the extent of the father's contact with the children. The court also considered the role of the Independent Children's Lawyer and the need to provide clear information about the obligations and consequences associated with the final orders.
Jordan J ordered that the mother have sole parental responsibility for both children and that they live with her. Crucially, the father was prohibited from spending time with or communicating with the children until further order. The court also discharged the Independent Children's Lawyer. To ensure clarity and compliance, the orders incorporated a Fact Sheet detailing the obligations, potential consequences of contravention, and sources of assistance for parties.
The court was required to determine the appropriate orders regarding parental responsibility, where the children should live, and the extent of the father's contact with the children. The court also considered the role of the Independent Children's Lawyer and the need to provide clear information about the obligations and consequences associated with the final orders.
Jordan J ordered that the mother have sole parental responsibility for both children and that they live with her. Crucially, the father was prohibited from spending time with or communicating with the children until further order. The court also discharged the Independent Children's Lawyer. To ensure clarity and compliance, the orders incorporated a Fact Sheet detailing the obligations, potential consequences of contravention, and sources of assistance for parties.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Jurisdiction
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Remedies
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Citations
Madden and Smithers [2009] FamCA 813
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