Matlock and Burrell and Ors
Case
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[2017] FamCA 1141
•24 August 2017
Details
AGLC
Case
Decision Date
Matlock and Burrell and Ors [2017] FamCA 1141
[2017] FamCA 1141
24 August 2017
CaseChat Overview and Summary
The parties to this proceeding were Matlock (the mother) and Burrell (the father) and other respondents, including the paternal grandmother and maternal grandmother. The dispute concerned parenting arrangements for a child, C. The matter came before Johns J.
The court was required to determine the terms of final parenting orders, specifically regarding the child C's time with and communication with the first respondent father and the second respondent paternal grandmother, and the nature of communication between the child and the paternal grandmother. The court also considered the discharge of interim orders and the appointment of an Independent Children’s Lawyer.
The court made orders by consent of the parties, who resolved the proceedings at the conclusion of evidence. The court ordered that there be no orders for the child C to spend time with or communicate with the father and paternal grandmother. However, the maternal grandmother was ordered to send the paternal grandmother a brief annual communication in December, containing photographs and information about C's education and health, commencing in December 2017. The paternal grandmother was required to notify the maternal grandmother's solicitors of any change of address. The court noted that further attempts to re-introduce C to the paternal grandmother should not occur until C is older and has greater emotional maturity, based on expert evidence. All other extant applications were dismissed, and the order for the appointment of the Independent Children’s Lawyer was discharged. The particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet.
The court was required to determine the terms of final parenting orders, specifically regarding the child C's time with and communication with the first respondent father and the second respondent paternal grandmother, and the nature of communication between the child and the paternal grandmother. The court also considered the discharge of interim orders and the appointment of an Independent Children’s Lawyer.
The court made orders by consent of the parties, who resolved the proceedings at the conclusion of evidence. The court ordered that there be no orders for the child C to spend time with or communicate with the father and paternal grandmother. However, the maternal grandmother was ordered to send the paternal grandmother a brief annual communication in December, containing photographs and information about C's education and health, commencing in December 2017. The paternal grandmother was required to notify the maternal grandmother's solicitors of any change of address. The court noted that further attempts to re-introduce C to the paternal grandmother should not occur until C is older and has greater emotional maturity, based on expert evidence. All other extant applications were dismissed, and the order for the appointment of the Independent Children’s Lawyer was discharged. The particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Consent
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Remedies
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Procedural Fairness
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