McKeever and Banfield

Case

[2013] FCCA 248

23 April 2013


Details
AGLC Case Decision Date
MCKEEVER & BANFIELD [2013] FCCA 248 [2013] FCCA 248 23 April 2013

CaseChat Overview and Summary

In the matter of *McKeever and Banfield*, heard by Judge Hartnett, the applicant mother sought orders concerning her child, born in 2011. The dispute involved the residence of the child, parental responsibility, and the father's time with the child. The court was also asked to consider an exemption from compliance with Section 60I of the *Family Law Act 1975* (Cth).

The primary legal issues before the court were whether to grant the exemption from Section 60I of the *Family Law Act 1975*, where the child should live, who should have parental responsibility, and the terms upon which the father should spend time with the child. The court also had to determine the final disposition of all extant applications.

Judge Hartnett granted the exemption from Section 60I of the *Family Law Act 1975* based on the reasons provided in the applicant mother's affidavit. The court ordered that the child live with the applicant mother and that the mother have sole parental responsibility. The father was to spend time with the child as agreed in writing between the parents. The court also made orders for service of the orders on the father and granted him leave to seek to set aside these orders within three months of service. All other extant applications were dismissed.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Remedies

  • Standing

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