Mannon & Bainer

Case

[2021] FCCA 856

12 April 2021


Details
AGLC Case Decision Date
Mannon & Bainer [2021] FCCA 856 [2021] FCCA 856 12 April 2021

CaseChat Overview and Summary

In the matter of TVC 329 of 2021, Mr Mannon (the Applicant) and Ms Bainer (the Respondent) brought proceedings before Jarrett J concerning their child, X, born in 2020. The dispute centred on arrangements for the child's residence and parental responsibility.

The court was required to determine the most appropriate orders for parental responsibility, the residence of the child, and the time the child would spend with each parent. Additionally, the court considered the need for independent representation for the child and the publication restrictions applicable to family law proceedings.

Jarrett J made orders for equal shared parental responsibility for the child. The court ordered that the Mother return the child to Townsville within 21 days. Upon the child's return to Townsville, the child was to reside with the Mother and spend time with the Father on Tuesdays and Fridays from 5:00 pm to 7:00 pm, and on Sundays from 9:00 am to 6:00 pm. Special provisions were made for Mother's Day weekend, with time to be spent on the preceding Saturday. The court also ordered that the child be independently represented and that the Independent Children's Lawyer have access to all filed documents. The matter was adjourned for mention in the Federal Circuit Court of Australia.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

0

Goode & Goode [2006] FamCA 1346
C v S [1998] FamCA 66
Morgan v Miles [2007] FamCA 1230