Morgan and Morgan

Case

[2012] FamCA 394

29 May 2012


Details
AGLC Case Decision Date
Morgan and Morgan [2012] FamCA 394 [2012] FamCA 394 29 May 2012

CaseChat Overview and Summary

This matter concerned an application by the parents, Morgan and Morgan, regarding the upbringing of their child, B Morgan. The dispute centred on the arrangements for the child's residence, contact with each parent, and various other aspects of parental responsibility. The case was heard by Justice Fowler.

The court was required to determine the specific terms of parental responsibility, including the child's living arrangements with each parent, the schedule for contact, and provisions for holidays and special occasions. Further issues included arrangements for communication between parents and the child, the involvement of extended family, and the child's education and medical care. The court also addressed the roles of professionals involved in the child's welfare, such as therapists and the Independent Children's Lawyer, and considered orders restraining the parents from denigrating each other or physically disciplining the child.

Justice Fowler made detailed orders concerning the equal shared parental responsibility of the parents, outlining a complex schedule for the child to live with each parent, including specific times for weekends, school holidays, and special days. The orders also established protocols for communication, travel, and the exchange of information regarding the child's education and health. Provisions were made for the parents to attend school and other events involving the child, and for the child to receive counselling. The court also ordered that the child continue to be known as B Morgan and restrained the parents from changing the child's ordinary residence from the Sydney Metropolitan area without consent or court order. The father's application to discharge the Independent Children's Lawyer was dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Costs

  • Injunction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Jones v Dunkel [1959] HCA 9