Moran and Temple

Case

[2016] FCCA 1378

13 April 2016


Details
AGLC Case Decision Date
Moran and Temple [2016] FCCA 1378 [2016] FCCA 1378 13 April 2016

CaseChat Overview and Summary

In the matter of *Moran and Temple*, heard before Judge Middleton, the dispute concerned the parental responsibility and living arrangements for a child. The orders indicate a significant disagreement between the parents regarding the child's welfare and the father's involvement in the child's life.

The court was required to determine the extent of parental responsibility to be allocated to each parent, where the child should live, and whether the child should spend any time with the father. Further issues included the father's access to information about the child, the child's ability to obtain a passport without the father's consent, and conditions to be imposed on the father.

Judge Middleton ordered that the mother have sole parental responsibility for the child, with specific procedural requirements for the mother to notify and consider the father's views on significant decisions, except in emergencies. The child was ordered to live with the mother, and both parents were restrained from causing the child to spend any time with the father. The mother was permitted to obtain a passport for the child without the father's consent. The father was ordered to undertake specific courses, including a domestic violence course, a parenting program, and drug and alcohol counselling, and to submit to regular drug testing for 12 months. The court noted that compliance with these orders would not preclude the father from commencing proceedings to seek time with the child, subject to threshold issues.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

11

Statutory Material Cited

2

Goode & Goode [2006] FamCA 1346
MRR v GR [2010] HCA 4
Starr & Duggan [2009] FamCAFC 115