Raines and Anor and Curtin
Case
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[2007] FamCA 1295
•15 October 2007
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AGLC
Case
Decision Date
Raines and Anor and Curtin [2007] FamCA 1295
[2007] FamCA 1295
15 October 2007
CaseChat Overview and Summary
In the matter of *Raines and Anor and Curtin*, Brown J of the Family Court of Australia considered an application concerning parental responsibility and living arrangements for a child. The applicants, Mr Raines and Ms Banner, sought final orders regarding their child, born in May 2007. The respondent, Curtin, did not oppose the orders sought by the applicants.
The primary legal issue before the court was to determine the appropriate orders for shared parental responsibility and the child's residence, given the respondent's non-opposition to the applicants' proposed final orders. The court was also required to consider the implications of the respondent's position on the final determination of these matters.
Applying the principles of the *Family Law Act 1975* (Cth), specifically sections 65DA(2) and 62B, Brown J made orders for equal shared parental responsibility for the child and that the child live with both Mr Raines and Ms Banner. These orders were to remain in place until further order. The court also noted that the particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet, which formed part of the orders. The matter was to be relisted upon confirmation that the respondent did not oppose the orders, and the form 2 application was otherwise dismissed. The court also made orders for the transcription of its reasons and confirmed that the matter reasonably required the attendance of a solicitor appearing as counsel.
The primary legal issue before the court was to determine the appropriate orders for shared parental responsibility and the child's residence, given the respondent's non-opposition to the applicants' proposed final orders. The court was also required to consider the implications of the respondent's position on the final determination of these matters.
Applying the principles of the *Family Law Act 1975* (Cth), specifically sections 65DA(2) and 62B, Brown J made orders for equal shared parental responsibility for the child and that the child live with both Mr Raines and Ms Banner. These orders were to remain in place until further order. The court also noted that the particulars of the obligations and consequences of contravention were set out in an attached Fact Sheet, which formed part of the orders. The matter was to be relisted upon confirmation that the respondent did not oppose the orders, and the form 2 application was otherwise dismissed. The court also made orders for the transcription of its reasons and confirmed that the matter reasonably required the attendance of a solicitor appearing as counsel.
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Key Legal Topics
Areas of Law
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Family Law
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Procedural Fairness
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