Orrington and Anthony and Anor

Case

[2007] FamCA 1208

28 August 2007


Details
AGLC Case Decision Date
Orrington and Anthony and Anor [2007] FamCA 1208 [2007] FamCA 1208 28 August 2007

CaseChat Overview and Summary

In *Orrington and Anthony and Anor*, Brown J of the Family Court of Australia determined parenting arrangements for the children R and J, born in 1993 and 1994 respectively, and M, born in 1990. The dispute concerned the primary residence of the children, the applicant's contact with them while incarcerated, and the communication and information sharing between the parties regarding the children's welfare. The proceedings also addressed the future involvement of an independent children's lawyer and the dismissal of extant applications.

The court was required to determine the issue of sole parental responsibility for R and J, and where they would live. Further, the court needed to establish the specific terms and conditions under which the applicant, who was in prison, would spend time with the children, including the frequency, duration, and location of these visits. The court also had to consider the arrangements for communication between the applicant and the children, and the exchange of information concerning the children's education, health, and other significant matters. Finally, the court was asked to make orders regarding the child M's time and communication with both the applicant and the first respondent.

Brown J made orders by consent, granting the second respondent sole parental responsibility for R and J, with the children to live with the second respondent. The applicant was granted specific, supervised time with the children at the prison, with detailed provisions for transport and communication, including telephone calls and mail. The court also ordered that R and J live with the second respondent, and that M live with the second respondent, with arrangements for M to spend time and communicate with both the applicant and the first respondent subject to M's wishes. The appointment of the independent children's lawyer was discharged, and all extant applications were dismissed. The court noted the parties' agreement to endeavour to maintain a respectful parenting relationship and to seek mediation in the event of future conflict.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

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