Marriott and Draper
Case
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[2016] FCCA 1677
•27 July 2016
Details
AGLC
Case
Decision Date
Marriott and Draper [2016] FCCA 1677
[2016] FCCA 1677
27 July 2016
CaseChat Overview and Summary
The case of *Marriott and Draper* concerned parenting orders made by Judge Altobelli in the Federal Circuit and Family Court of Australia. The dispute involved the mother and father of a child, X, born in 2012, regarding the arrangements for the child's residence, time spent with each parent, and parental responsibility.
The court was required to determine the specific terms of parenting orders, including who would have sole parental responsibility, where the child would live, the nature and frequency of the child's time with the father, the conditions under which this time would occur, and the communication protocols between the parents. Further issues included the father's access to the child's medical and educational information, and restrictions on the parents' conduct towards each other and in the child's presence.
Judge Altobelli made orders granting the mother sole parental responsibility and determining that the child would live with the mother. The father was granted supervised time with the child on four occasions annually, specifically on the Saturdays following the child's birthday, Easter, Father's Day, and Christmas, for a minimum of three hours each. The father was to bear the costs of supervision, and the mother was to nominate the day, time, and location for these visits with sufficient notice. The court also imposed significant restrictions on the father, including a prohibition on approaching or contacting the mother and child except as permitted by the orders, attending the child's school without the mother's consent, and photographing or videoing the child. The father was also restrained from denigrating the mother or her family. The mother was given liberty to apply for an Australian passport for the child without the father's consent.
The court was required to determine the specific terms of parenting orders, including who would have sole parental responsibility, where the child would live, the nature and frequency of the child's time with the father, the conditions under which this time would occur, and the communication protocols between the parents. Further issues included the father's access to the child's medical and educational information, and restrictions on the parents' conduct towards each other and in the child's presence.
Judge Altobelli made orders granting the mother sole parental responsibility and determining that the child would live with the mother. The father was granted supervised time with the child on four occasions annually, specifically on the Saturdays following the child's birthday, Easter, Father's Day, and Christmas, for a minimum of three hours each. The father was to bear the costs of supervision, and the mother was to nominate the day, time, and location for these visits with sufficient notice. The court also imposed significant restrictions on the father, including a prohibition on approaching or contacting the mother and child except as permitted by the orders, attending the child's school without the mother's consent, and photographing or videoing the child. The father was also restrained from denigrating the mother or her family. The mother was given liberty to apply for an Australian passport for the child without the father's consent.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Costs
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Injunction
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Consent
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Remedies
Actions
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Citations
Marriott and Draper [2016] FCCA 1677
Cases Citing This Decision
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