MERCY & HARRY

Case

[2015] FCCA 2241

12 August 2015


Details
AGLC Case Decision Date
Mercy and Harry [2015] FCCA 2241 [2015] FCCA 2241 12 August 2015

CaseChat Overview and Summary

In the matter of MERCY & HARRY, heard before Judge Jones, the dispute concerned parental responsibility and living arrangements for the child [X]. The applicant mother sought sole parental responsibility and for the child to live with her, while also seeking to discharge previous orders made by Justice Benjamin on 31 July 2009.

The court was required to determine whether to grant the applicant mother sole parental responsibility for the child and to make orders for the child to live with her. A further issue was the separate representation of the child, pursuant to section 68L(2) of the *Family Law Act 1975*.

Judge Jones granted the applicant mother sole parental responsibility and ordered that the child live with her, discharging the prior orders. The court also ordered that the child be separately represented and requested Victoria Legal Aid to arrange this. Directions were given for the Independent Children’s Lawyer to be provided with all relevant documents and for the applicant mother to serve the orders on the father by posting them to the Manager of the prison where he was held. The proceeding was adjourned for further mention.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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