Murray and Kings-Murray

Case

[2007] FamCA 1411

26 November 2007


Details
AGLC Case Decision Date
Murray and Kings-Murray [2007] FamCA 1411 [2007] FamCA 1411 26 November 2007

CaseChat Overview and Summary

This matter concerned an application by the mother for divorce and parenting orders concerning the parties' child, born in August 2006. The court was required to determine the primary living arrangements for the child and the extent of shared parental responsibility.

The legal issues before the court included whether to grant equal shared parental responsibility, the specific arrangements for the child to spend time with the father, and the need for further reports and interventions concerning the father's alleged drinking and its impact on his parenting capacity. The court also considered the father's bail conditions and an application for divorce.

His Honour, Faulks DCJ, ordered that the child would continue to live primarily with her mother and that the parties would not have equal shared parental responsibility. Specific, supervised time arrangements were made for the child to spend time with her father, with strict protocols for handovers and communication between the parents. The court also ordered the parties to attend mediation, directed a Family Consultant to prepare a report, and indicated that further orders might be made regarding intervention if the father's drinking was found to affect his parenting. The father was to consult police regarding his bail conditions to facilitate communication with the mother solely about the child. The divorce application was adjourned to allow the father to consider his position.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Procedural Fairness

  • Remedies

  • Standing

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