PERKINS & CAN

Case

[2021] FCCA 1397

4 June 2021


Details
AGLC Case Decision Date
PERKINS & CAN [2021] FCCA 1397 [2021] FCCA 1397 4 June 2021

CaseChat Overview and Summary

In the matter of PERKINS & CAN, heard before Judge Betts, the dispute concerned parenting arrangements for a child born in 2016. The court was required to make orders regarding the child's living arrangements and time spent with each parent.

The court was tasked with determining the primary residence of the child and the specific arrangements for the child to spend time with the Father. Additionally, the court needed to address restrictions on the child's time with the Father during specific periods, the involvement of maternal grandparents in the child's care, and the facilitation of communication between the parents and the child. The court also made orders for a Child Inclusive Conference and adjourned the matter for further directions.

Judge Betts ordered that the child live with the Mother. The Father was granted time with the child on alternate weekends, with specific commencement and conclusion times, and also for Father's Day. Importantly, the child's time with the Father was suspended during Chinese New Year, with the Mother collecting and returning the child. The court also made orders restraining either parent from leaving the child in the sole care of the maternal grandparents and requiring each parent to facilitate reasonable and uninterrupted communication with the other parent. The parties were ordered to attend a Child Inclusive Conference, and the Father was given liberty to re-apply if issues arose, particularly in light of new information regarding the Father's employment and availability.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Natural Justice

  • Remedies

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