Morris and Somers

Case

[2016] FamCA 808

8 July 2016


Details
AGLC Case Decision Date
Morris and Somers [2016] FamCA 808 [2016] FamCA 808 8 July 2016

CaseChat Overview and Summary

This matter concerned an application before Loughnan J concerning parenting orders for a child, B, born in 2004. The orders reflect a significant departure from typical shared parenting arrangements, indicating a high degree of conflict or concern regarding the mother's involvement in the child's life.

The court was required to determine the appropriate parenting arrangements for the child, B, including issues of parental responsibility, residence, time spent with each parent, and communication between the parents and the child. The orders also addressed the mother's access to information regarding the child's schooling and health, and the continuation of counselling for the child.

Loughnan J made orders granting the father sole parental responsibility for B, with B to live with the father. Crucially, the orders stipulated that B would spend no time with the mother, and the mother would have no communication with the child, except for the limited ability to send letters, cards, and gifts by mail, subject to the father's approval of their appropriateness. The father was also obligated to provide the mother with notice of major long-term decisions and to endeavour to keep her informed of changes in the child's school, residential address, hospitalisation, or major illness. The court also made provisions for the mother to obtain school reports and newsletters at her expense and for the continuation of the child's counselling. Leave was granted for the parties to apply to vary the wording of the orders within 28 days.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Jurisdiction

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