Purdy and Easton and Anor

Case

[2017] FamCA 239

19 April 2017


Details
AGLC Case Decision Date
Purdy and Easton and Anor [2017] FamCA 239 [2017] FamCA 239 19 April 2017

CaseChat Overview and Summary

The case of *Purdy and Easton and Anor* involved an application by the mother concerning parenting orders for two children, B and C. The respondents were the first respondent father, Mr Easton, and the second respondent father, Mr Riley. The dispute concerned the arrangements for the children, including parental responsibility, living arrangements, and communication. The matter came before Hannam J.

The primary legal issues before the court were to determine appropriate parenting orders for children B and C, considering the roles and responsibilities of both fathers and the mother. This included establishing sole or equal shared parental responsibility, determining where the children would live, and regulating contact and communication between the children and their fathers. The court was also required to consider additional orders sought by the Independent Children’s Lawyer, relating to the prevention of denigration between parents, ongoing psychological support for child C, and the mother’s access to support services, including the National Disability Insurance Scheme.

Hannam J made orders by consent of the mother and the second respondent father, in the absence of the first respondent father. The court ordered that the mother have sole parental responsibility for child B, with B living with the mother, and the first respondent father to have no contact or communication with B. For child C, the court ordered equal shared parental responsibility between the mother and the second respondent father, with C living with the mother. The first respondent father was to have no contact or communication with C, while the second respondent father was to spend time and communicate with C by agreement with the mother. Additional orders were made, including that neither parent denigrate the other in the presence of the children, that the mother ensure ongoing psychological support for C, and that the mother seek ongoing support from the National Disability Insurance Scheme. The Independent Children’s Lawyer was to remain engaged for 12 months, and the mother was to cooperate with the Independent Children’s Lawyer’s requests regarding programs and services, and provide authority for the Independent Children’s Lawyer to communicate with relevant agencies.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Procedural Fairness

  • Standing

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

0

Jarrah & Fadel [2014] FamCAFC 14
M v M [1988] HCA 68
M v M [1988] HCA 68