PATRICK & BISHOP
Case
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[2019] FCCA 89
•11 February 2019
Details
AGLC
Case
Decision Date
Patrick and Bishop [2019] FCCA 89
[2019] FCCA 89
11 February 2019
CaseChat Overview and Summary
In the matter of PATRICK & BISHOP, heard before Judge Altobelli, the dispute concerned parenting orders for a child born in 2011. The father was an illegal immigrant, and the proceedings addressed the terms of contact between the father and the child.
The court was required to determine the extent and nature of the father's parental responsibility and contact with the child, particularly in light of his immigration status. This involved establishing arrangements for the child's living situation, the father's time with the child, and the communication and information-sharing protocols between the parents.
The court ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The father was granted supervised time with the child on four specific occasions each year, for a minimum of three hours on each occasion, with the father responsible for all supervision costs. The mother was to nominate the time and location for these visits, and the father was required to confirm his attendance. The orders also included provisions for information sharing regarding the child's health and education, and restraints on denigrating the other parent. Notably, the orders stipulated that if the father was no longer living in Australia or was in an immigration detention facility, the mother was to facilitate telephone and Skype communication on the same occasions as the supervised visits.
The court was required to determine the extent and nature of the father's parental responsibility and contact with the child, particularly in light of his immigration status. This involved establishing arrangements for the child's living situation, the father's time with the child, and the communication and information-sharing protocols between the parents.
The court ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The father was granted supervised time with the child on four specific occasions each year, for a minimum of three hours on each occasion, with the father responsible for all supervision costs. The mother was to nominate the time and location for these visits, and the father was required to confirm his attendance. The orders also included provisions for information sharing regarding the child's health and education, and restraints on denigrating the other parent. Notably, the orders stipulated that if the father was no longer living in Australia or was in an immigration detention facility, the mother was to facilitate telephone and Skype communication on the same occasions as the supervised visits.
Details
Key Legal Topics
Areas of Law
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Family Law
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Immigration
Legal Concepts
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Jurisdiction
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Costs
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Remedies
Actions
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Citations
Patrick and Bishop [2019] FCCA 89
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